Archive: Last Bill Status
- Signed by Governor

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returned to senatepassed assemblymotion to amend lostmotion to amend lostordered to third reading rules cal.23substituted for a9055dreferred to ways and meansdelivered to assemblypassed senateordered to third reading cal.471

Bill Amendments

S6255 - Details

S6255 - Summary

Relates to DNA testing of certain offenders convicted of a crime; relates to the administration of traffic infractions; relates to disaster preparedness; relates to the reimbursement of medicare premium charges for employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state …(view more) exempts centralized contracts from audit prior to finalization; relates to the ability to designate an agency contract as a statewide contract and to the expansion of state contract rights for local governments and non-profit organizations; alters the definition of best value for procurement; expands contract use rights for local governments; relates to the procurement opportunities newsletter; relates to the procurement of department printing and purchases by charitable organizations; renames the office for technology the office of information technology services; relates to paying the metropolitan transportation authority the costs associated with reimbursements for E-ZPass tolls paid by the residents of Broad Channel and the Rockaway Peninsula for travel over the Cross Bay Veterans Memorial Bridge; relates to the collection of assessments for annual expenses; authorizes the transfer of certain facility parole officers to open positions as the parole officer or senior parole officer title; expands the scope of the annual report by the department of corrections to the legislature concerning the staffing and facilities of state correctional facilities; relates to the education reform program; relates to support for the public defense backup center and additional state aid tied to the salary of the district attorney of each county and the calculation thereof; and relates to the public safety communications surcharge.

S6255 - Sponsor Memo

BILL NUMBER:S6255
TITLE OF BILL:
An act
to amend the executive law, in relation to the DNA testing of certain
offenders convicted of a crime (Part A);
to repeal section 396-ff of the general business law, relating to the
pistol and revolver ballistic identification databank (Part B);
to amend the vehicle and traffic law, in relation to the administration
of traffic infractions (Part C);
to amend the penal law,
the correction law, and
the criminal procedure law,
in relation to terms of probation
and probation detainer warrants (Part D);
to amend the penal law, the civil practice law and rules and the
criminal procedure law, in relation to the seizure and forfeiture of
proceeds of felony and misdemeanor crimes (Part E);
to amend chapter 503 of the laws of 2009, relating to the disposition of
monies recovered by county district attorneys before the filing of
an
accusatory instrument, in relation to the effectiveness thereof (Part F);
to amend the executive law, in relation to disaster
preparedness (Part G);
to amend the retirement and social security law, the education law
and the administrative code of the city of New York,

in relation to persons joining the New York state and local
employees'
retirement system, the New York state and local police
and fire retirement system,
the New York state teachers'
retirement system,
the New York city employees' retirement system, the New York city
teachers' retirement system, the New York city board of education
retirement system, the New York city police pension fund, or the New
York city fire pension fund
on or after April 1, 2012 (Part H);
to amend the civil service law, in relation to the
reimbursement of
medicare premium charges for employees and retired employees of the
state, public authorities, public benefit corporations or other
quasi-public organizations of the state (Part I);
to amend the state finance law, in relation to reappropriation
bills (Part J);
to amend the public lands, in relation to state aid on certain state
leased or state-owned land (Part K);
to amend the state finance law, in
relation to the exemption of centralized
contracts from audit prior to
finalization, the ability to designate
an agency contract as a statewide
contract, the expansion of state
contract rights for local governments
and non-profit organizations, amending
the definition of best value and lowest
price for procurement and in relation to modifications of contracts
by not-for-profit corporations;
to amend the general
municipal law, in relation to expanding
contract use rights for
local governments; to
amend the New York
state printing and public
documents law, the state finance law,
the not-for-profit corporation law, the education
law and the general municipal law, in
relation to the procurement of
department printing;
to amend chapter 741 of the laws of 1985 relating to
authorizing certain organizations to purchase commodities under
contracts let
by the state office of general services,
in relation to purchases by charitable organizations;
to amend chapter 83
of the laws of 1995 amending the state finance law and other laws
relating to bonds, notes, and revenues, in relation to the effectiveness
of certain provisions thereof;
and to repeal sections 6 and 7 of the New York state printing and public
documents law, relating to department printing (Part L);
to amend the civil service law, in relation to authorizing term
appointments without examination for certain information technology
positions; filling vacancies by open competitive or upon promotion
examination; certification of eligible lists from an open promotion
examination; departmental and interdepartmental promotion lists;
promotion examination opportunities for employees in non-competitive or
labor class; promotion and
transfer to administrative positions in the
state service; transfer of employees in the non-competitive class where
possession of credentials, licenses or certifications is required; and
transfer of personnel upon consolidation or merge of departments or
agencies (Part M);
to provide for the administration of
certain funds and accounts related to
the 2012-13 budget; authorizing certain
payments and transfers;
to amend
the state finance law, in relation to
school tax relief fund;
to amend the state
finance law, in relation to issuance of
certificates of participation, variable
rate bonds, payments, transfers and
deposits of funds and investment of
general funds, bond proceeds, and other
funds not immediately required; to
amend the public authorities law, in
relation to state environmental
infrastructure projects; to amend
chapter 61 of the laws of 2005, relating
to
providing for the administration of certain funds and
accounts related to the 2005-2006 budget,
in relation to the Division of Military
and Naval Affairs Capital Projects;
to amend
chapter 389 of the laws of 1997,
relating to the financing of the
correctional facilities improvement fund
and the youth facility improvement fund,
in relation to the issuance of bonds; to
amend the private housing finance law,
in relation to housing program bonds and
notes; to amend chapter 329 of the laws
of 1991, amending the state finance law
and other laws relating to the
establishment of the dedicated highway
and bridge trust fund, in relation to
the issuance of bonds;
to amend the public
authorities law, in relation to courthouse improvements and
training facilities,
metropolitan transportation authority facilities, peace
bridge
projects and issuance of bonds by the dormitory authority;
to amend the New York state urban development corporation
act, in
relation to funding project costs for the state university of New York
college for nanoscale and science engineering
and the NY-SUNY 2020 challenge grant program; to amend chapter 57 of
the laws of 2008, relating to providing for the administration of
certain funds and accounts related to the 2008-2009 budget, in relation
to the effectiveness thereof; to amend chapter 56 of the laws of 2009,
relating to providing for the administration of certain funds and
accounts related to the 2009-10 budget, in relation to the effectiveness
thereof;
to amend chapter 56 of the laws of 2010, relating to providing
for the administration of certain funds and accounts related to the
2009-10 budget, in relation to the effectiveness thereof;
to amend chapter 61 of the laws of 2000, amending the public authorities
law relating to the metropolitan transportation authority, the New York
city transit authority, and the Triborough bridge and tunnel authority,
in relation to authorizations to issue bonds and notes;
to repeal
sections 90-b, 91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c,
94-d, 96, 97-n, 97-o,
97-cc, 97-ff, 97-ss,
97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
of the state finance law relating
thereto; to repeal subdivision 5 of section 233-a and subdivision 3-a
of section 378
of the education law
relating thereto;
to repeal paragraph f of subdivision 31 of section 1680 of the public
authorities law relating to the reserve funds of private not-for-profit
schools established with the dormitory authority; to repeal section 1022
of the private housing finance law relating to the rural housing
assistance fund; to repeal section 12 of chapter 1040 of the laws of
1981 relating to penalties for violations of the lobbying act; to repeal
chapter 50 of the laws of 1993 relating to making appropriations for the
support of government;
and providing for the repeal of certain provisions upon
expiration thereof (Part N);
to amend the state technology law, the civil service law, the executive
law, the state finance law, the tax law, and the county law, in relation
to renaming the office for technology the office of information
technology services (Part O);
to amend the state finance law, in relation to aid and incentive to
municipalities (Part P); and
to pay
the metropolitan transportation authority the costs
associated with reimbursements for E-ZPass
tolls paid by the residents of Broad
Channel and the Rockaway Peninsula for travel over the Cross Bay
Veterans Memorial Bridge (Part Q)
PURPOSE:
This bill contains provisions needed to implement the Public
Protection and General Government portions of the 2012-13 Executive
Budget.
This memorandum describes Parts A through Q of the bill which are
described wholly within the parts listed below.
Part A - Expand the list of offenses for which DNA samples will be
collected and entered into the State DNA Databank.
Purpose:
This bill will expand the amount of information in the DNA Databank,
which will help solve more crimes and establish the innocence of some
suspects.
Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:
Currently, DNA samples are collected from persons convicted of all
Penal Law felonies and some Penal Law misdemeanors. In addition,
existing law does not make clear which officials are responsible for
collecting DNA samples in various cases, which has resulted in some
offenders not providing DNA samples as ordered.
The DNA Databank is a powerful tool both for crime fighting and for
establishing a defendant's innocence. Since its inception in 1996,
there have been more than 10,000 hits against the Databank resulting
in over 2,700 convictions. The Databank also plays a significant role
in helping to determine who did not commit a crime. There have been
27 individuals exonerated in New York through DNA evidence, as well
as countless suspects who have been excluded and cleared, most often
at the earliest stages of an investigation.
Despite the fact that DNA is a proven tool that solves cold cases,
prevents crime and exonerates the innocent, 52% of Penal Law crimes
are still ineligible for DNA collection, including at least 200
misdemeanors, as well as all crimes defined outside the Penal Law. To
further the important goals served by the DNA Databank, this bill
would further expand the number of crimes for which convicted
defendants must provide DNA samples to include all felonies defined
in any chapter of the laws of New York, as well as all misdemeanors
defined in the Penal Law. Based on New York's prior experiences with
expansion of the Databank, which demonstrated that inclusion of
additional DNA samples is a useful tool in fighting and preventing
crime and exonerating the innocent, this further expansion will
assuredly result in more cases being solved, more crimes being
prevented and more opportunities for convicted offenders to establish
their innocence.
To ensure that DNA samples are actually collected, and collected in a
timely manner, the bill also specifies which officials are
responsible for sample collection. The most difficult collections are
those involving a non-incarcerative/non-supervised sentence, such as
sentences of conditional discharge, time-served and fines.
Twenty-eight percent of offenders receiving these sentences fail to
provide samples because the law does not specify who is to collect
the sample. A statewide process that requires courts to order
offenders to a sheriffs' office and for that office to collect the
sample will remedy this problem.
Budget Implications:
Enactment of this bill is expected to cost approximately $700,000 in
2012-13, with a full annual cost of $1.4 million. This amount
includes the cost of additional personnel in the Division of Criminal
Justice Services and of DNA test kits and State Police forensic
laboratory consumables.
Effective Date:
This bill takes effect October 1, 2012.
Part B - Repeal the requirement for a pistol and revolver ballistic
identification database, known as CoBIS and replaced with a
nationally recognized alternative.
Purpose:
This bill will permit the Division of State Police to terminate
maintenance of a pistol and revolver ballistic identification
database, known as CoBIS.
Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:
Under current statute, the State Police is required to maintain a
pistol and revolver ballistic identification database, which has
become known as CoBIS (Combined Ballistic
Identification System). It was designed to identify guns used in
crimes by comparing unique markings on the shells of the expended
casings with the marks made on all reference shells that gunsmiths
and dealers send the State Police for every firearm sold in the
State. Against the ballistic information for thousands of weapons
entered into the system since its inception, only a few matches have
been made and no associated crimes have been solved. Given the
frequency of violent crimes being committed with firearms that are
either reported stolen or were transported into the State illegally,
CoBIS is an ineffective crime-solving tool and cannot be viewed as
cost effective.
This bill would repeal section 396-ff of the General Business Law to
permit the State Police to eliminate CoBIS. Rather than continue
support for this ineffective database, the State will invest in
enhanced systems and equipment that will permit local and State crime
laboratories to maximize their use of the National Integrated
Ballistics Information Network (NIBIN). This system, which is already
used by New York State law enforcement as an effective crime-solving
tool, allows firearms technicians to compare markings on bullets and
cartridges recovered from a crime scene with similar evidence
recovered from crime scenes in other jurisdictions.
Budget Implications:
This measure will generate approximately $200,000 in savings
associated with discontinuing maintenance of CoBIS. These savings
will be re-invested in upgraded systems and equipment that will
permit more effective use of NIBIN by local and State crime
laboratories.
Effective Date:
This bill takes effect immediately.
Part C - Require that the trial date for a traffic violation must be a
date subsequent to the date of an initial appearance.
Purpose:
This bill would prohibit the practice of issuing a subpoena to compel
a police officer to appear at the initial court appearance on a
traffic violation.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Under section 610.10 of the Criminal Procedure Law, a court may only
issue a subpoena to compel a police officer to appear as a "witness"
at a court proceeding; it cannot compel an officer to simply "attend"
a proceeding. Moreover, section 1806 of the Vehicle and Traffic Law
(VTL), which sets forth the procedures governing initial appearances
on traffic
violations for alleged violators who do not enter a guilty plea by
mail, provides no guidance on scheduling trials for traffic violations.
This bill would amend section 1806 of the VTL to clarify that a trial
date must be set for a date after the date of an initial appearance.
The first appearance cannot be the date of trial although the right
to plead on the initial appearance is not impacted. Thus, an officer
cannot be subpoenaed to simply "attend" an initial appearance,
because no trial is possible.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would appreciably reduce the number of appearances
that police officers make in certain jurisdictions where officers are
routinely subpoenaed to appear on the initial appearance date of a
simplified traffic information where no trial is realistically
possible. This will result in significant cost avoidance for certain
State and local law enforcement agencies with no diminution of an
accused's constitutional rights.
Effective Date:
This bill takes effect immediately.
Part D - Provide more flexible probation sentencing options for the
courts.
Purpose:
This bill would amend the Penal Law, the Criminal Procedure Law and
the Correction Law to give courts discretion in setting the length of
a probation term.
Statement in Support, Summary of Provisions, Existing Law,.
and Prior Legislative History:
With certain exceptions, current law requires that the probation
sentence for defendants convicted of a felony must be five years and
the probation sentence for defendants convicted of a class A
misdemeanor or an unclassified misdemeanor must be three years. This
bill would give sentencing judges the discretion to impose a
determinate probation sentence of three, four or five years for a
felony conviction, and a determinate probation sentence of two or
three years for a class A or unclassified misdemeanor conviction.
The current probation terms do not reflect that all felonies and
misdemeanors are not deserving of the same punishment, nor are
offenders convicted of these crimes in need of the same period of
supervision. This bill would give judges the flexibility to impose
probation sentences commensurate with the seriousness of a particular
offense and the surrounding circumstances.
Research has demonstrated that the risk of recidivism is greatest
immediately following the imposition of a probation sentence, but
wanes during the succeeding months. Thus, giving judges the
discretion to impose a probation term of 24 months for misdemeanor
offenders and 36 months for felony offenders allows supervision
during times when recidivism is greatest, while giving a court the
option to impose an appropriate sanction for a violation, including a
longer term of probation or a prison or jail term.
This bill also adds a new section 410.92 to the Criminal Procedure Law
to authorize a probation director or deputy director to issue a
warrant for the temporary detention of an alleged probation violator
when a judge is not immediately available to issue such a warrant.
This authority would strengthen probation's capacity to respond
swiftly and certainly to probationers' violations of terms and
conditions of probation.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because the provisions are expected to generate cost savings
to local probation departments.
Effective Date:
This bill takes effect immediately; however, the provisions of section
one of this bill will only apply to offenses committed on or after
such effective date.
Part E - Expand the authority of State judges to order the forfeiture
of proceeds in a sentencing.
Purpose:
This bill would facilitate the use of the State's criminal
courts for the forfeiture of the proceeds of crimes rather than its
civil courts.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Under State law, offenders retain the proceeds of their
misdemeanor-level crimes, and in felonies, a district attorney must
sue convicted criminals in civil court under Civil Practice Law and
Rules Article 13-A to obtain such proceeds. In 2008, over $4 million
dollars was seized by police in New York City and returned to the
defendants who were convicted of various misdemeanor offenses,
including trademark counterfeiting and gambling. Thus, the law often
allows a convicted criminal to retain the proceeds of criminal
activity.
This bill would provide a mechanism for criminal forfeiture that
closely mirrors federal law by empowering a judge to order a
forfeiture of the fruits of a crimes at the time of a defendant's
sentencing whether a defendant is sentenced for a felony or
misdemeanor conviction.
Budget Implications:
Currently, funds forfeited under State law are shared as follows after
the payment of restitution to the victim, fines and other costs: the
district attorney's office as the claiming authority receives 27%;
local law enforcement/investigative agency, as the claiming agent
receives 41%; and the State's Chemical Dependence Fund which
supports programs of the Office of Alcoholism and Substance Abuse
Services (OASAS) receives 32%.
Under the revenue sharing formula contained in this bill, the district
attorney's office, as the claiming authority, would receive 35%;
local law enforcement/investigative agency, as the claiming agent,
would receive 40%; and the State General Fund would receive 25%.
OASAS has annually used approximately $5 million in asset forfeiture
funds primarily to support the ongoing provision of chemical
dependence prevention programs through its voluntary provider
network. The 2012-13 Executive Budget holds OASAS harmless by
substituting General Fund support to maintain that level of funding.
This bill is expected to produce a net benefit of $2 million to the
General Fund in 2012-13.
Effective Date:
This bill takes effect immediately.
Part F - Continue provisions relating to the disposition of certain
monies recovered by county district attorneys.
Purpose:
This bill will continue, for another year, the existing formula for
distribution of certain monies recovered by county district attorneys.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
This bill amends Chapter 503 of the Laws of 2009, as amended by Part B
of Chapter 57 of the Laws of 2011, to extend the effective date of
that provision until March 31, 2013. Pursuant to that law, a county
district attorney in New York City may retain a portion of settlement
monies paid before the filing of an accusatory instrument, and the
remaining amount is distributed equally between the State and the
City of New York. The existing statute will expire on March 31, 2012.
During the past four years, the Manhattan District Attorney's Office
has recovered significant monies from pre-indictment settlements
(i.e., pursuant to deferred prosecution agreements). For the past
three years, the State and the City of New York have received equal
distributions from the Manhattan District Attorney's recoveries. This
equal distribution will not be altered by this bill.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. It is necessary to ensure the receipt of revenues that were
anticipated in 2011-12 but which have not yet been received. By
continuing the distribution rules, this bill ensures that there will
be a State share in the event of a recovery in 2012-13 or any
subsequent fiscal year.
Effective Date:
This bill takes effect immediately.
Part G - Improve emergency response and disaster preparedness.
Purpose:
This bill would improve emergency responses under the Intrastate
Mutual Aid Plan and will enable the State to better prepare and
respond to disasters.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
The Intrastate Mutual Aid Program (IMAP) encourages local governments
to assist each other in responding to emergencies and disasters, by
providing personnel and equipment that may be needed to protect
safety and support recovery efforts.
This bill will clarify the responsibilities and obligations of both
the municipality that is requesting assistance and the responding
municipality. It will: (1) authorize the local emergency management
director to request and accept assistance and deploy resources; (2)
make the requesting local government liable and responsible for costs
for loss of any materials, supplies or equipment, and for salaries of
responders from other municipalities; (3) provide that emergency
response personnel of the assisting local government remain under the
administrative control of their employer, but under the operative
direction and control of officials of the incident management team of
the requesting local government; (4) provide employees of the
assisting local government the same immunities and privileges as if
such duties were performed in their home jurisdiction; (5) provide
that an assisting local government shall be liable for the negligence
of its assisting employees; and (6) provide that employees of an
assisting local government responding to a request for assistance who
sustain injury or death are
entitled to all applicable benefits as if they were responding in
their home jurisdiction (consistent with mutual aid protection
afforded under the General Municipal Law for fire and police).
The bill also amends Article 2-B of the Executive Law to allow better
coordination of disaster response at the State level. It will: (1)
update the composition of the Disaster Preparedness Commission (DPC)
to reflect current agency names and to remove those that no longer
exist; (2) create an operational arm (an "incident management team")
of any temporary organization established by the DPC to coordinate a
disaster response:
(3) delegate some authority to the director of the Office of Emergency
Management to act on behalf of the DPC; and (4) eliminate the
requirement that the Governor seek the advice of the DPC to
temporarily suspend certain provisions of the law that hinder
disaster response and recovery. Finally, the bill will limit local
state of emergency declarations to renewable 30-day periods.
Budget Implications:
The bill will ensure that when local governments assist each other in
responding to emergencies, disasters, and acts of terrorism, they can
do so with a complete understanding of the impact on their employees
and their budgets.
Effective Date:
This bill takes effect immediately.
Part H - Establish a Tier VI retirement benefit for new employees of
the State and local governments.
Purpose:
This bill would establish a Tier VI retirement benefit for new
employees of the State and local governments thereby providing
billions of dollars of fiscal relief to taxpayers, local governments
and the State.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Pension costs are one of the fastest growing expenses for both the
State and local governments. This bill would stabilize local property
taxes and provide significant mandate relief to public employers -
including school districts, counties, cities, towns and villages -
saving billions to taxpayers over time.
The proposed Tier VI for new employees includes fair and equitable
reform by: increasing employee contributions in a progressive fashion
based on salary, raising the retirement age, decreasing the pension
multiplier, excluding overtime and other payments from the
formula used to calculate final average salary for pension allowances,
and by making a defined contribution option available to all employees.
The defined benefit plan component of this reform would:
*Increase the employee contributions to the pension system from 3% to
4%, 5% or 6% depending on salary and further allow for modifications
to employee contributions, within limits, tied to economic conditions;
*Require that an employee be employed for 12 rather than 10 years
before having a vested pension benefit;
*Raise the retirement age for full member benefits from age 62 to age
65 and prohibit early retirements; and
*Decrease the pension multiplier from 2% to 1.67% for each year of
credited service.
A new defined contribution option would be voluntary for new employees
and improve financial planning for public employers. The new option
would:
*Provide a minimum employer contribution of 4% of salary;
*Provide for additional employer contributions of up to 3% of salary
when matched by the employee;
*Limit employer contributions to a maximum of 7% affording public
employers financial stability; and
*Create new portability and vesting features not available with
defined benefit options.
These reforms would save billions of dollars and keep pension costs
affordable for the State and local governments, school districts, and
other public employers by lessening this onerous burden, help drive
down property taxes, reward hardworking government employees and
maintain the fiscal integrity of localities and the State.
The following bill sections would impact members who first become
members of the New York State and Local Employees' Retirement System
(ERS), the New York State and Local Police and Fire Retirement System
(PFRS), the New York State Teachers' Retirement System (TRS), the New
York City Employees' Retirement System (NYCERS), the New York City
Teachers' Retirement System (NYCTRS), the New York City Board of
Education Retirement System (NYCBERS), New York City Police Pension
Fund, the New York City Fire Pension Fund or other optional
retirement systems established under the Education Law, on or after
April 1, 2012:
Section 1 of the bill would amend Retirement and Social Security Law
("RSSL") § 41 so that such members of the ERS or TRS would not be
granted any additional service credit for unused sick leave.
Section 2 of the bill would amend RSSL § 376 so that members of the
PFRS with less than 20 years of service would need at least 12 years
of service before becoming eligible for retirement benefits and need
to reach the age of 65 before receiving the vested
retirement allowance. Tier 6 PFRS members would retain the right to
retire upon the completion of 20 or 25 years of service, regardless
of age.
Section 3 of the bill would amend RSSL § 440 to close Tier 2 to new
investigator members of NYCERS in order to give them modified Tier 3
police/fire benefits.
Sections 4 and 5 of the bill would amend RSSL § 501 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified Tier 3 police/fire benefits. Also, Section 4 would amend
RSSL § 501 (24) so that wages upon which retirement benefits are
based for such members of the ERS and NYCERS would not include
overtime, wages in excess of the annual salary paid to the Governor
pursuant to joint resolution of both houses of the Legislature
($179,000), and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement, and to exclude
overtime compensation and certain lump sum and terminal leave
payments from pensionable earnings.
Section 6 of the bill would amend RSSL § 502 so that members of the
ERS would need at least 12 years of creditable service before being
eligible for retirement benefits.
Section 7 of the bill would amend RSSL § 503 so that members of the
ERS would need to reach the age of 65 before becoming eligible to
receive the normal service retirement benefit. It would also give new
NYCERS uniformed correction members modified Tier 3 police/fire
service retirement benefits rather than current Tier 3 uniformed
correction
service retirement benefits.
Section 8 of the bill would amend RSSL § 504 so that members of the
ERS, at normal retirement age would receive a pension equal to 1/60
of the final average salary multiplied by years of credited service
(not in excess of 30 years). In addition, the ability to retire prior
to reaching the normal retirement age would be eliminated.
Sections 9, 10 and 11 of the bill would amend RSSL §§ 504-a, 504-b and
504-d, respectively, so that new NYC uniformed correction members
would get the benefits of a modified Tier 3 police/fire plan rather
than the current uniformed correction plans.
Section 12 of the bill would amend RSSL § 505 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire service retirement benefits.
Section 13 of the bill would amend RSSL § 507 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire accident disability retirement benefits.
Sections 14 and 15 of the bill would amend RSSL § 507-a and section 16
would amend RSSL § 507-c to give new NYC uniformed correction members
Tier 3 police/fire disability benefits.
Section 17 of the bill would amend RSSL § 508 to give new NYC
uniformed correction, uniformed sanitation and investigator members
police/fire ordinary death benefits.
Section 18 of the bill would amend RSSL § 510 to give new NYC
uniformed correction, uniformed sanitation and investigator members
who receive a service retirement benefit after 25 years full
escalation of benefits currently applicable to Tier 3 police/fire
members.
Section 19 of the bill would amend RSSL § 511 to give new NYC
uniformed correction members the same coordination with Social
Security benefits that is applicable to current Tier 3 police/fire
members, and which also would be applicable to new NYC uniformed
sanitation and investigator members.
Section 20 of the bill would amend RSSL § 512 so that affected members
would have their final average salary based on the average wages
earned by such member during five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous four years by more than 8%, the amount in
excess of 8% would be excluded from the computation of the final
average salary.
Section 21 of the bill would amend RSSL § 513 to make new NYC Tier 3
uniformed correction members ineligible to obtain service credit for
child care leave in order to equate their benefits with Tier 3
police/fire benefits.
Section 22 of the bill would amend RSSL § 513 to prohibit new
police/fire, uniformed correction, uniformed sanitation and
investigator members from receiving service credit for undocumented
sick leave used as terminal leave.
Section 23 of the bill would amend RSSL § 516 so that affected
employees who have 12 or more years of credited service will be
entitled to a "deferred vested benefit" equal to 1/60 of their final
average salary multiplied by years of credited service.
Section 24 of the bill would amend RSSL § 517 so that affected members
of ERS, NYCERS, the New York City Police Pension Fund, and the New
York City Fire Pension Fund would be required to contribute 4%, 5%,
or 6% of annual wages, depending on income levels, as their employee
contribution.
Section 25 of the bill would amend RSSL § 517-c to prohibit new NYC
uniformed correction, uniformed sanitation and investigator members
from borrowing on their member contributions in order to equate their
benefits with Tier 3 police/fire benefits.
Section 26 of the bill would add a new RSSL § 517-d to implement a
variable "risk/reward" system for affected members of ERS, NYCERS,
the New York City Police Pension Fund and the New York City Fire
Pension Fund that would decrease or increase, within limits, tied to
economic conditions.
Section 27 of the bill would amend RSSL § 600 to put new NYC uniformed
sanitation members in Tier 3 in order to give them modified Tier 3
police/fire benefits.
Section 28 of the bill would amend RSSL § 601 so that wages upon which
retirement benefits are based for affected employees would not
include overtime, wages in excess of the annual salary paid to the
Governor, and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement.
Section 29 of the bill would amend RSSL § 601 to define members who
join the NYCERS, NYCTRS or NYCBERS on or after April 1, 2012 as "New
York City revised plan members".
Section 30 of the bill would amend RSSL § 602 so that affected
employees would need at least 12 years of creditable service before
being eligible for retirement benefits.
Sections 31 of the bill would amend RSSL § 603 (a) so that affected
employees would need to reach the age of 65 before becoming eligible
to receive the normal service retirement benefit.
Section 32 of the bill would amend RSSL § 603 (i) by making conforming
changes and limiting retirement benefits available under Tier 5 to
employees who joined such systems before April 1, 2012.
Section 33 of the bill would amend RSSL § 603 (t) so that members of
the TRS would not be eligible for the early retirement benefit
provided in Ch. 504, L. 2009 to members who retire at age 57 with at
least 30 years of creditable service.
Section 34 of the bill would amend RSSL § 604 by adding a new
subdivision b-1 so that affected employees would be entitled to a
pension equal to 1/60 of their final average salary multiplied by
years of credited service (not in excess of 30 years) plus an
additional retirement allowance equal to 3/200 of the final average
salary for each year of credited service in excess of 30 years.
Sections 35 and 36 of the bill would amend RSSL § 604-b (transit
operating age 55/25-year plan); sections 37 and 38 would amend RSSL
604-c, as added by Chapter 472 of the Laws of 1995 (TBTA 20-year/age
50 plan); sections 41 and 42 would amend RSSL § 604-e, as amended by
Chapter 576 of the Laws of 2000 (dispatchers 25-year plan); sections
43 and 44 would amend RSSL § 604-e, as added by Chapter 577 of the
Laws of 2000 (EMT 25-year plan); sections 45 and 46 would amend RSSL
§ 604-f, as added by Chapter 559 of the Laws of 2001 (deputy sheriff
25-year plan); sections 47 and 48 would amend RSSL § 604-f, as added
by Chapter 582 of the Laws of 2001 (special officers 25-year plan);
sections 49 and 50 would amend RSSL § 604-g (automotive members
25year/age 50 plan); and sections 51 and 52 would amend RSSL § 604-h
(police communications members 25-year plan) to provide 12-year
vesting, payable at age 65,
for new members of such special plans who do not reach the required
service thresholds of their retirement plan. New members with 20 or
25 years of service retain the right to retire with an unreduced
pension benefit, regardless of age. The benefits for all members in
these plans would be calculated using the service fractions
applicable to such plans under current law, and the 5-year final
average salary provisions proposed in this bill. All participants in
such plans would also contribute 4%, 5%, or 6% of salary for all
years of service, depending on salary levels, plus the rates for
additional member contributions established under current law.
Section 39 of the bill would amend RSSL § 604-c, as added by Chapter
96 of the Laws of 1995, to make the age, 55/25-year plan inapplicable
to new members of NYCERS and BERS; section 40 would amend RSSL
604-d to make the age 57/5-year plan inapplicable to new members of
NYCERS and BERS; and section 53 would amend RSSL § 604-i to make the
age 55/27-year plan inapplicable to new members of NYCTRS and BERS.
It is necessary to make new members ineligible for those special
plans so that new non-uniformed members (other than those eligible
for the other special plans discussed above) will have payability of
service retirement and vested benefits at age 65. The only benefit of
such special plans is to permit participants to retire early with an
unreduced benefit.
Section 54 of the bill would amend RSSL § 608 so that affected
employees would have their final average salary based on the average
wages earned during the five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous 4 years by more than 8%, the amount in excess
of 8% would be excluded from the computation of the final average
salary.
Section 55 of the bill would amend RSSL § 609 so that affected
employees could obtain credit for previous service in Tier VI by
paying 6% of wages earned for service which predate entry into the
system with interest at the rate of 5% per annum compounded annually.
Section 56 of the bill would amend RSSL § 609 to prohibit new NYCERS
non-uniformed members from receiving service credit for undocumented
sick leave used as terminal leave.
Section 57 of the bill would amend RSSL § 612 so that affected
employees who have 12 or more years of creditable service upon
termination would be entitled to a "deferred vested benefit" after
reaching the age of 65 pursuant to the benefit set forth in new RSSL
Section 58 of the bill would amend RSSL § 613 so that affected members
of ERS, TRS, NYCERS, NYCTERS, and NYCBERS would be required to
contribute 4%, 5%, or 6% of annual wages, depending on income levels,
as their employee contribution. It would also bar affected employees
from withdrawing contributions if they have accrued at least 12 years
of creditable service.
Section 59 of the bill add a new RSSL § 613-c to implement a variable
"risk/reward" system for affected members of ERS, TRS, NYCERS,
NYCTERS, and NYCBERS under which the baseline employee contributions
would decrease or increase, within limits, tied to economic conditions.
Section 60 of the bill would amend RSSL § 650 to make new Triborough
Bridge and Tunnel Authority ("TBTA") members ineligible for early
retirement with immediate payability. This amendment does not affect
the right of new TBTA members to participate in the 20-year/age 50
TBTA plan discussed above.
Sections 61 and 62 of the bill would amend RSSL § 911 to eliminate the
10-year cutoff of basic member contributions for new non-uniformed
members of NYCERS, NYCTRS and BERS, so that such new members would be
required to contribute 4%, 5%, or 6% of salary for all credited
service.
Section 63 of the bill would amend RSSL § 1000 by adding a new
subdivision (10) so that affected employees could obtain credit for
military service by paying into such funds a sum equal to the product
of the number of years of military service being claimed and 6% of
such member's contribution earned during the 12 months of credited
service immediately preceding the date that the member applied for
credit pursuant to this section.
Section 64 of the bill would amend RSSL § 1202 so that such members of
the PFRS would need at least 12 years of creditable service before
being eligible for retirement benefits. Further, the vested
retirement allowance payable without modification could not be less
than the actuarial equivalent of the total of the member's
contributions accumulated with interest at 5% per annum, compounded
annually.
Section 65 of the bill would amend RSSL § 1204 so that PFRS members
would be required to contribute 4%, 5%, or 6% of annual wages,
depending on income level, as their employee contribution. It would
also bar affected employees from withdrawing contributions if they
have accrued at least 12 years of creditable service.
Section 66 of the bill would amend the RSSL by adding a new § 1208 to
implement a variable "risk/reward" system for PFRS members under
which the baseline employee contributions would decrease or increase,
within limits, tied to economic conditions.
Section 67 of the bill would amend the RSSL by adding a new § 1209 so
that such members of the PFRS would have their final average salary
based on 1/5 of the highest total wages during any continuous period
of employment for which the member was credited with 5 years of
service credit. If wages in any one such year exceed the average of
the previous 4 years by more than 8%, the amount in excess of 8%
would be excluded from the computation of the final average salary.
Moreover, any wages in excess of the annual salary paid to the
Governor would be excluded from the computation of final average
salary.
Section 68 of the bill would amend the RSSL by adding a new § 1210 so
that wages upon which retirement benefits are based for such members
of the PFRS would not include overtime, wages in excess of the annual
salary paid to the Governor, and lump sum payments for deferred
compensation, sick leave, accumulated vacation time or other credits
for time not worked, as well as any termination pay and any
additional compensation paid in anticipation of retirement.
Sections 69 and 70 of the bill would amend the RSSL § 23-a and § 323-a
to modify the required employer contribution rate, so that employers
and employees may receive equal financial relief from this bill.
Section 71 of the bill would amend the RSSL by adding a new Article 23
that would create a voluntary defined contribution plan for newly
hired public employees. This voluntary defined contribution plan
would be available to all new State and local government employees.
This plan would provide required employer contributions of 4% of an
employee's salary, provide matching employer contributions of up to
an additional 3%, and afford public employers financial stability by
limiting employer contributions to a maximum of 7%.
Section 72 of the bill would amend the Education Law ("Ed. L.") § 182
so that for such members of the Education Department Optional
Retirement Program (ORP), the State would make contributions at the
rate of 4% of salary earned. For members of the ORP who so elected,
the State would match the contribution of the member in an amount not
exceeding 3% of such member's wages. In addition, employee
contributions would no longer be required, although employees could
elect to contribute up to the amounts authorized in federal law.
Section 73 of the bill would amend Ed. L. § 392 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 8-B of the Ed. L.
("State University Optional Retirement Program"), and would require
the State (with respect to employees of the state university system)
and "electing employers" (with respect to employees of community
colleges) to make contributions at the rate of 4% of salary earned.
For members who so elected, the State would match the contribution of
such member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be required,
although employees could elect to contribute up to the amounts
authorized in federal law.
Section 74 of the bill would amend Ed. L. § 6252 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 125-A of the Ed.
L. ("Board of Higher Education Optional Retirement Program"), and
would require the employer with respect to employees of the colleges
administered by the Board of Higher Education of the City of New York
to make contributions at the rate of 4% of salary earned. For members
who so elected, the employer would match the contribution of such
member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be
required, although employees could elect to contribute up to the
amounts authorized in federal law.
Sections 75, 76 and 77 of the bill would amend New York City ("NYC")
Administrative Code § 13-101 subdivisions 86, 87 and 89 to make
conforming amendments to permit new uniformed sanitation members, who
will be in Tier 3 under the bill, to pay their member contributions
of a pre-tax basis in accordance with section 414 (h) of the Internal
Revenue Code.
Section 78 of the bill would amend NYC Administrative Code § 13-638.4
(e)(14) to provide a 5-year final average salary for new members of
NYCERS and BERS.
Section 79 of the bill would provide that the benefits conferred by
sections 75, 76 and 77 of the bill, if enacted, are completely
contingent upon the existence of benefits contained in the Internal
Revenue Code.
Section 80 of the bill would provide that members of an employee
organization who are eligible to join a special retirement plan
pursuant to a collectively negotiated agreement with any State or
local employer, would be able to continue to enroll in that special
plan after the enactment of this bill, until the date on which such
agreement terminates. Upon the expiration of such collective
bargaining agreement, not including the period after the expiration
of such agreement in which in its provisions continue to be in
effect, pursuant to Civil Service Law 209-a (1)(e), the full
provisions contained within this bill will take effect. It clarifies
that it may not be construed to permit new NYCERS members to
participate in the current Tier 3 uniformed correction 20-year plans,
the Tier 4 uniformed sanitation 20-year plan, the Tier 2 investigator
member 20-year and 25-year plans, the NYCERS and BERS age 55/25-year
and age 57/5-year plans or the TRS and BERS age 55/27-year plan. It
is necessary to make new NYCERS members ineligible for such plans
because: (1) new uniformed correction members, uniformed sanitation
members and investigator members will be getting Tier 3 police/fire
benefits so that they will not receive greater benefits
than new NYC police officers and firefighters; and (2) new NYCERS
non-uniformed members are to receive "payability" of service
retirement and vested benefits at age 65. It would be inequitable to
charge such employees additional member contributions under the
special plans when they would not be allowed to retire early.
Section 81 of the bill provides that no enhancements, increases, or
changes to the bill's benefit structure shall be authorized.
Section 82 of the bill is the severability clause.
Section 83 of the bill provides for an effective date of April 1, 2012
and would add a proviso to the effective date provisions of that
section so that the provisions of sections 27-a, 27-b and 27-c remain
in force only so long as member contributions picked up under such
sections are not includable as gross income under federal tax law
provisions.
Budget Implications:
The enactment of this bill would result in a significant reduction in
the long-term expected annual employer contribution rate in the ERS
which is 9.4% under Tier 5. The expected annual employer contribution
rate for Tier 4 employees is 11.6%.
This proposal will also cause a similar reduction in the long-term
expected annual employer contribution rate for most employers in the
PFRS which is 14.8%-15.1% under Tier 5. The expected annual
employer contribution rate for employees hired before the enactment
of Tier 5 is 18.5%-19.0%.
For newly hired members of the NYSTRS, the long-term expected cost
will fall significantly below the 8.9% Tier 5 expected rate. The
expected annual employer contribution rate for Tier 4 employees is
11.8%.
This bill would save the State and public employers outside of New
York City more than $83 billion in pension costs over a 30-year
period. Furthermore, New York City would realize additional savings
over a 30-year period.
Effective Date:
This bill takes effect on April 1, 2012, and would apply to
individuals who become members of an impacted retirement system on or
after that date.
Part I - Expand 2010 Medicare Part B reform to include employees and
retirees of public authorities.
Purpose:
This bill would achieve savings in the New York State Health Insurance
Program (NYSHIP) by requiring employees and retirees of certain
public authorities to contribute toward the cost of Medicare Part B
premiums.
Statement in Support, Summary of Provision Existing Law,
and Prior Legislative History:
Enactment of this bill is necessary to reduce spending in NYSHIP in
order to provide fiscal relief to the State.
This bill would incorporate the cost of reimbursing Medicare Part B.
premiums to public authority retirees into the rates paid by
employees and retired employees of public authorities, public benefit
corporations, and other quasi-public organizations of the State. This
extends the provisions of Chapter 56 of the Laws of 2010 which
applied to employees and retirees of State agencies.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. If enacted, it would save the State an estimated $10.5
million annually.
Effective Date:
This bill takes effect April 1, 2012.
Part J - Lapse aged State and local reappropriations.
Purpose:
This bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the close of the fiscal year in which they were
appropriated.
Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:
This bill would "clean-up" budget legislation to ensure that aged
reappropriations, an abundance of which are no longer relevant or
have cashed-out, are eliminated. The bill would employ sound
budgetary and accounting principles by ensuring that appropriations
are used within a reasonable amount of time or are revisited by
decision-makers to determine their relevance and necessity.
The bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the date on which the original legislation would
lapse in accordance with State Finance Law § 99-d. This bill would
take effect April 1, 2013, to ensure that State agencies and the
Legislature have sufficient time to manage this change.
Budget Implications:
This bill would not have direct budget implications; however, it is
necessary to enact appropriate reform beginning with the 2012-13
Executive Budget.
Effective Date:
This bill takes effect April 1, 2013.
Part K - Modify the schedule of payments in lieu of taxes (PILOTs)
made to the City of Albany.
Purpose:
This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Enactment of this bill is necessary to provide fiscal relief to the
City of Albany in FY 2013.
This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.
Similar amendments have been made to the PILOT schedule in section
19-A of Public Lands Law:
*Chapter 692 of the Laws of 2002 increased payments in the original
schedule (Chapter 56 of the Laws of 2000) by $5.35 million in FY 2004
and FY 2005 and reduced payments commensurately in FY 2029 and FY 2030.
*Chapter 670 of the Laws of 2004 increased payments by $7 million in
FY 2005 and FY 2006 and reduced payments commensurately in FY 2027
and FY 2028.
*Chapter 63 of the Laws of 2005 increased payments by $6 million in FY
2006 and reduced payments thereafter by $720,000 annually.
*Chapter 56 of the Laws of 2006 increased the total schedule of
payments by adding an additional $6 million in FY 2007.
*Chapter 109 of the Laws of 2006 increased the total schedule of
payments by $233 million. This schedule provided payments to the City
of Albany of nearly $23 million in FY 2008 through FY 2011 and
payments of $15 million in FY 2012 through FY 2033.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. This bill would restore $7.85 million in reduced aid to the
City of Albany in exchange for an out-year reduction in aid. This
bill would cost the State $7.85 million in FY 2013.
Effective Date:
This bill takes effect April 1, 2012.
Part L - Modify outdated Statewide procurement procedures and printing
practices.
Purpose:
This bill would modify outdated and redundant procurement provisions
of the State Finance Law and related statutes. Specifically, it would
amend the definitions of "lowest price" and "best value" for
statewide procurements, authorize the Office of General Services
(OGS) to designate any contract as a centralized contract, expand
contract "piggyback" rights for local governments and non-profit
organizations, exempt centralized contracts from the Office of the
State Comptroller (OSC) pre-audit, and categorize electronic
information as a commodity. In addition, this bill would amend the
State Printing and Public Documents Law so that printing could be
treated as a service or a commodity and to otherwise modernize that
law.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Sections 1 and 2 of the bill would amend the definitions of "best
value" and "lowest price" with respect to procurement of commodities
and services through centralized contracts. This amendment would help
ensure that contracts are awarded to the best vendor for the State.
In addition, section two would permit the State, for evaluation
purposes, to add a quantitative factor for small businesses or
certified minority or women-owned businesses applying for State
business.
Sections 3 through 6 of the bill would authorize commodities
procurement on the basis of best value when in the discretion of the
Commissioner of OGS (Commissioner), such procurement would be less
costly to the State. Together, sections three through six would
expand the use of State centralized contracts by allowing additional
piggybacking rights to local governments, non-profit organizations
and other authorized users. This proposed amendment should lead to
increased use of centralized contracts for various services and
commodities, in turn reducing costs of procurement for authorized
users.
Sections 7 through 9 of the bill would authorize the Commissioner,
upon his or her determination, or at the request of an agency, to use
a centralized contract to procure a service, and would set the rules
of priority for purchasing such service. Section eight allows the
procurement of services on the basis of low price in cases where the
Commissioner determines such procurement would be less costly to the
State. Together, sections seven through nine would also authorize OGS
to designate any agency contract a centralized contract, helping
multiple state agencies and local governments to save money by
granting them access to what are generally the best contracts in the
State.
Section 10 of the bill would amend State Finance Law (SFL) §163 to
empower State agencies to accept bids for commodity and service
contracts electronically.
Section 11 of the bill would increase from $15,000 to $50,000, the
dollar amount of procurement at and above which public notice is
required. This is consistent with other current procurement statutes.
Section 12 of the bill would exempt centralized contracts, purchase
orders, and other procurement transactions let by OGS from OSC
pre-audit prior to contract finalization. This would create an
incentive for agencies to utilize centralized contracts as a way to
maximize savings. New York is one of only two States that requires a
pre-audit of the procurement record on a contract before it can be
deemed final.
Sections 13 through 24 of the bill would redefine printing as a State
service, give OGS the ability to negotiate a competitive, centralized
contract for printing on behalf of all State agencies, allow
contracts to be awarded based on best value or lowest price, and set
the contract amounts at and above which competitive bidding will be
required. The current State Printing and Public Documents Law is
anachronistic and has been subject to only minimal revision since 1917.
Sections 25 and 26 of the bill would expand the definition of a
commodity to include electronic information resources. Public
libraries and State universities have encountered barriers when
purchasing electronic information resources (e.g., electronic
database subscriptions) for academic purposes because electronic
information is currently defined as a "service". As most academic
research and information is in electronic form, it is in the best
interest of the State to redefine "commodity" to include electronic
information resources. This will help achieve savings in State
purchasing while at the same time supporting the State's academic and
library organizations.
Section 27 of the bill would add new definitions to the SFL for
"authorized user" and "non-state agency purchaser."
Section 28 of the bill would amend the SFL by making permanent the
Procurement Stewardship Act of 1995, which is set to expire on June
30, 2012. SFL § 163, which sets forth technical and procedural
requirements with respect to State agency procurement of commodities
and services, would remain in full force and effect.
Section 29 of the bill is the effective date.
Budget Implications:
Enactment of this bill is necessary to implement the Executive Budget
in the 2012-13 fiscal year and achieve required savings. Such savings
will be realized in future procurements, contract development,
negotiations and management.
Effective Date:
This bill takes effect immediately.
Part M - Make various reforms to the Civil Service Law to provide
increased flexibility with respect to hiring and transferring State
employees.
Purpose:
This bill would enable the Department of Civil Service ("Civil
Service") to authorize the appointment of highly skilled information
technology, professional, scientific, technical or other employees
with specialized skills into the State workforce. It would also
provide increased flexibility with respect to hiring, transferring or
re-deploying employees to meet agency missions more effectively.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Section 1 of the bill would create a new Civil Service Law ("CSL")
66 allowing Civil Service to authorize five-year term appointments
without examination for positions that require special expertise or
qualifications to professional, scientific, technical, information
technology or other employees with specialized skills. The
appointments would be used when it is deemed impracticable to hold a
skills-based examination because of the type of services to be
rendered or the uniqueness of such services needed. The period for
such appointments would be no longer than sixty months, and the
maximum number of persons in such appointments could not exceed five
hundred at any one time.
Sections 2 through 3 of the bill set forth a procedure for certifying
a new type of promotion list, titled "open promotion", using existing
active "open competitive" and "promotion" lists. This would enable
the State to expand the diversity of its workforce, create more
opportunities for existing State employees, increase its ability to
attract highly skilled outside talent and give the State increased
flexibility to manage its workforce more effectively and efficiently.
Section 4 of the bill would allow agencies to utilize other State
agency "interdepartmental promotion" eligible lists for a specific
position in cases where it is in the best interests of State service,
irrespective of whether the hiring agency's existing
interdepartmental list is exhausted.
Section 5 of the bill would permit non-competitive State employees to
participate in competitive promotional exams. Allowing more employees
into opportunistic exams would increase flexibility in the management
of the State workforce.
Sections 6 through 8 of the bill would make it possible for
non-competitive State employees to transfer into competitive
positions, with the approval of Civil Service, provided the employees
meet minimum qualifications. This will increase flexibility in the
management of the State's workforce and help ensure that agencies can
obtain the "right" employee for the job.
Section 9 of the bill would amend CSL § 70 to authorize agencies to
transfer State employees upon a merger or consolidation, and allow
the reclassification of the employees, without further examination or
qualification, in order to align them with the new department or
agency. In addition, transferred employees on an existing promotion
list would be added to the promotion eligible list of the new
department or agency, as Civil Service deems appropriate.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-2013
Executive Budget. Savings will be realized through the increased
flexibility afforded to Civil Service and State agencies as this will
allow them to manage their workforce more efficiently and effectively.
Effective Date:
This bill takes effect immediately except section one which shall be
deemed to have taken effect on December 31, 2011. A previous version
of section one of the Civil Service Law was repealed as of December
31, 2011, and this new section must be retroactively enacted to
ensure continued authorization.
Part N - Authorize transfers, temporary loans, repeal of the Community
Projects Fund and amendments to miscellaneous capital/debt
provisions, including bond caps.
Purpose:
This bill would provide the statutory authorization necessary for the
administration of funds and accounts included in the fiscal year
2012-13 Executive Budget, and propose certain modifications to
improve the State's General Fund position within the upcoming fiscal
year. Specifically, it would: (1) authorize temporary loans and the
deposits of certain revenues to specific funds and accounts, (2)
authorize the transfers and deposits of funds to and across various
accounts, (3) extend various provisions of Chapter 56 of the Laws of
2011 in relation to capital projects and certain certifications, (4)
authorize modifications to various debt provisions, and (5) modify
various bond authorizations necessary to implement the budget.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Section 1 of this bill would authorize the Comptroller to make
temporary loans to specific State funds and accounts during fiscal
year 2012-13.
Section 1-a of this bill would authorize the Comptroller to make
temporary loans to accounts within specific Federal funds during
fiscal year 2012-13.
Sections 2 and 3 of this bill would authorize the Comptroller to make
transfers between designated funds and accounts.
Section 4 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $7 million to the health care
reform act (HCRA) Resources Fund -HCRA Resources Account.
Section 5 of this bill would authorize the Comptroller to deposit
funds into the Banking Services Account.
Section 6 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $22 million to the State
University of New York for bondable equipment costs, which in turn
would be re-paid to the State General Fund.
Section 6-a of this bill would authorize the State University to
transfer up to $16 million to the General Fund for debt service costs
related to capital project costs for the NY-SUNY 2020 Challenge Grant
program.
Section 7 of this bill would authorize the State University Chancellor
to transfer the estimated tuition revenue balances from the State
University Collection Fund to the State University Fund, State
University Revenue Offset Account.
Section 8 of this bill would authorize the Comptroller, at the request
of the State University Chancellor, to transfer up to $60 million
from the State University Income Fund, State University Hospitals
Income Reimbursement Account.
Section 9 of this bill would authorize the Comptroller, at the request
of the Director of the Budget, to transfer $968 million from the
General Fund to the State University Income Fund, State University
General Revenue Offset Account.
Section 10 of this bill would authorize the Comptroller, at the
request of the State University Chancellor or her designee, to
transfer up to $50 million from the State University Income Fund,
State University Hospitals Income Reimbursable Account, for Hospital
Income Reimbursable for services and expenses of hospital operations
and capital expenditures at the State University Hospitals, and the
State University Income Fund,, Long Island Veterans' Home Account, to
the State University Capital Projects Fund.
Section 11 of this bill would authorize the Comptroller to transfer
monies from the State University Collection Fund, Stony Brook
Hospital Collection Account, Brooklyn Hospital Collection Account,
and Syracuse Hospital Collection Account, to the State University
Income Fund, State University Hospitals Income Reimbursable Account,
in amounts sufficient to permit the full transfer of moneys
authorized for transfer to the General Fund for SUNY Hospitals debt
service.
Section 12 of this bill would authorize the Comptroller to make
transfers between the Miscellaneous Special Revenue Fund, the Patient
Income Account, the Miscellaneous Special Revenue Fund, the Mental
Hygiene Program Fund Account, or the General Fund in any combination,
up to $350 million.
Section 13 of this bill would authorize the Comptroller to transfer
the unencumbered balance of any Special Revenue Fund to the General
Fund, up to $500 million.
Section 14 of this bill would authorize the transfer of $65 million
from the Power Authority of the State of New York (NYPA) to the
credit of the General Fund, in an amount not less than $25 million by
June 30, 2012, with the remainder, up to $40 million, by January 31,
2013.
Section 15 of this bill would authorize a public benefit corporation
to make voluntary contributions to the General Fund or any other
public benefit corporation at any time from available public benefit
corporation funds in such amounts as deemed to be feasible and
advisable by such public benefit corporation's governing board after
due consideration of the public benefit corporation's legal and
financial obligations.
Section 16 of this bill would amend State Finance Law (SFL) §97-rrr to
allow the State Comptroller to make deposits in the School Tax Relief
Fund in fiscal year 2012-13, and each fiscal year thereafter.
Section 16-a of this bill would repeal the existing School Tax Relief
Fund deposit authorization, which provided limitations to deposits by
amount and by fiscal year, as it is replaced by Section 16 of this
bill.
Section 17 of this bill would authorize the Comptroller to deposit
reimbursements for certain capital spending from appropriations into
the correctional facilities capital improvement fund by a chapter of
the laws of 2012.
Section 18 of this bill would amend SFL §4(6) to authorize the
Comptroller to receive for deposit moneys to funds and accounts as
identified by the Director of the Budget.
Section 18-a of this bill would authorize and direct the Comptroller
to abolish or consolidate certain funds with the General Fund. These
funds/accounts are no longer active and are recommended for abolition
by the State Comptroller.
Section 18-b of this bill would repeal the sections of State Finance
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.
Section 18-c of this bill would repeal the sections of the Education
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.
Section 18-d of this bill would repeal the section of the Public
Authorities Law that created the fund abolished by Section 18-a of
this bill.
Section 18-e of this bill would repeal the section of the Private
Housing Finance Law that created the fund abolished by Section 18-a
of this bill.
Section 18-f of this bill would repeal Section 12 of Chapter 1040 of
the Laws of 1981 and Chapter 50 of the Laws of 1993, which created
certain funds abolished by Section 18-a of this bill.
Section 19 of this bill would amend SFL §40(4) to permit payment of
prior years' liabilities.
Sections 20 through 33 of this bill would authorize the Comptroller to
deposit reimbursements for certain capital spending from multiple
appropriations contained in various chapters of the laws of 2002
through 2012 into various funds, including the Capital Projects Fund.
Section 34 would continue the authorization to use excess debt service
appropriation for Mental Hygiene facilities to make rebates necessary
to protect the tax-exempt status of the bonds.
Section 35 would continue authorizations for disbursements for
hazardous waste site remediation projects.
Section 36 of this bill would amend SFL §68-a(2) to extend the
authorization to issue mental health bonds under the PIT credit
structure.
Section 36-a of this bill would amend SFL §73 to authorize the
Comptroller to deposit any federal interest subsidy payments received
for Build America Bonds (BABs) or Qualified School Construction Bonds
(QSCBs) to their respective debt service funds. This would ensure
that Federal interest subsidy payments received by the State for
QSCBs are accounted for consistent with interest subsidies for BABs.
Section 37 of this bill would amend SFL §72(4) to make permanent the
authority to set-aside monies in the General Debt Service Fund in
advance of payments, to ensure scheduled debt service payments on
State general obligation and service contract bonds are made on time
and in full.
Section 38 of this bill would increase the bond cap for financing
environmental infrastructure projects from $916 million to $1.119
billion.
Section 39 of this bill would increase the bond cap for financing of
capital projects for the Division of Military and Naval Affairs from
$21 million to $24 million.
Section 40 of this bill would increase the bond cap for financing
correctional facilities from $6.490 billion to $6.817 billion.
Section 41 of this bill would increase the bond cap for financing
housing programs from $2.636 billion to $2.741 billion.
Section 42 of this bill would increase the bond cap for financing
local highway projects from $6.695 billion to $7.106 billion.
Section 43 of this bill would increases the bond cap for financing
certain economic development projects from $180.6 million to $715.6
million.
Section 44 of this bill would decrease the bond cap for courthouse
improvements and training facilities from $85.9 million to $76.1
million.
Sections 45, 45-a and 45-b of this bill would make certain technical
changes relating to the effective date of the cultural educational
facilities bond cap.
Section 46 of this bill would authorize a new $770 million bond cap
for financing MTA transportation facilities.
Section 47 of this bill would amend the Metropolitan Transportation
Authority's (MTA) existing service contract bond authorization to
make it consistent with other bond caps, clarifying that no further
bonds may be issued against it except to refinance existing debt.
Section 48 of this bill would authorize a new $15 million bond cap for
financing Peace Bridge projects.
Section 49 of this bill would increase the NY-SUNY 2020 bond cap from
$80 million to $110 million.
Section 50 of this bill would increase the bond cap for library
facilities from $84 million to $98 million.
Section 51 of this bill would increase the bond cap for SUNY upstate
community colleges from $536 million to $623 million.
Section 52 of this bill would increase the bond cap for SUNY
educational facilities from $10.089 billion to $10.304 billion.
Section 53 of this bill would make it effective immediately, deemed in
full force and effect on and after April 1, 2012, provided further
that sections one through seven, sections ten through fifteen, and
section seventeen would expire March 31, 2013.
This bill is necessary to execute a balanced Financial Plan in
accordance with the 2012- 13 Executive Budget. Similar legislation is
enacted annually to authorize the transfer of
funds budgeted in the financial plan (such transfers do not have
permanent statutory authorization), and to provide for other
transactions necessary to maintain a balanced financial plan.
In addition, the SFL requires statutory authorization for funds and
accounts to receive temporary loans from the State Treasury. Similar
provisions were enacted to implement the fiscal year 2011-12 Budget,
and they must be extended to implement the fiscal year 2012-13 Budget.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. Similar legislation is enacted annually to authorize the
transfer of funds budgeted in the financial plan, and to provide for
other transactions, including temporary loans from the State Treasury
for cash flow purposes. This bill is also necessary to reimburse
projected Capital Projects Fund spending with the proceeds of bonds
sold by public authorities, to ensure the continued borrowing
necessary for certain State-supported debt issuances to implement the
budget, and to permit the State to carry out basic administrative
functions.
Effective Date:
This bill takes effect immediately and would be deemed in full force
and effect on and after April 1, 2012.
Part O - Rename the Office for Technology as the Office of Information
Technology Services.
Purpose:
This bill would change the name of the Office for Technology (OFT) to
the Office of Information Technology Services.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Since its inception, the responsibilities of OFT have shifted from
policy and advisory to a more operational, service-oriented role.
This bill would amend the State Technology Law, among others, to
change the name of OFT to the Office of Information Technology
Services to represent the transformation of OFT into a full-service
agency.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would support the transformation of OFT into a statewide
service center which will drive down overall State technology costs.
Effective Date:
This bill takes effect on the sixtieth day after enactment.
Part P - Accelerate Aid and Incentives for municipalities funding for
the City of Rochester.
Purpose:
This bill would accelerate Aid and Incentives for Municipalities (AIM)
funding for the City of Rochester beginning in State fiscal year
2013-14.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
This bill would provide the City of Rochester with up to an additional
$28 million in AIM funding for its 2012-13 local fiscal year.
Budget Implications:
There is no State fiscal impact from this bill as payments associated
with this bill remain within the State's 2013-14 fiscal year.
Effective Date:
This bill takes effect immediately.
Part Q - Pay the MTA for costs associated with promoting access to
employment through reimbursements for E-ZPass tolls paid by residents
of Broad Channel and the Rockaway Peninsula that travel over the
Cross Bay Veterans Memorial Bridge.
Purpose:
This bill would provide that the State pay to the Metropolitan
Transportation Authority (MTA) the costs associated with the
establishment and implementation of a rebate program for E-ZPass
tolls paid by the residents of Broad Channel and the Rockaway
Peninsula, for travel over the Cross Bay Veterans Memorial Bridge.
Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:
Notwithstanding any other law to the contrary, for the purpose of
promoting access to employment, the State shall pay to the MTA the
costs associated with establishment and implementation by the
metropolitan transportation authority of a rebate program for E-
ZPass tolls paid by the residents of Broad Channel and the Rockaway
Peninsula who live within zip codes 11691, 11692, 11693, 11694,
11695, and 11697, for travel over the Cross Bay Veterans Memorial
Bridge.
Budget Implications:
Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it promotes access to employment for residents of
Broad Channel and the Rockaway Peninsula.
Effective Date:
This bill takes effect immediately.
The provision of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6255 A. 9055
S E N A T E - A S S E M B L Y
January 17, 2012
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to the DNA testing of
certain offenders convicted of a crime (Part A); to repeal section
396-ff of the general business law, relating to the pistol and revol-
ver ballistic identification databank (Part B); to amend the vehicle
and traffic law, in relation to the administration of traffic infrac-
tions (Part C); to amend the penal law, the correction law, and the
criminal procedure law, in relation to terms of probation and
probation detainer warrants (Part D); to amend the penal law, the
civil practice law and rules and the criminal procedure law, in
relation to the seizure and forfeiture of proceeds of felony and
misdemeanor crimes (Part E); to amend chapter 503 of the laws of 2009,
relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, in relation
to the effectiveness thereof (Part F); to amend the executive law, in
relation to disaster preparedness (Part G); to amend the retirement
and social security law, the education law and the administrative code
of the city of New York, in relation to persons joining the New York
state and local employees' retirement system, the New York state and
local police and fire retirement system, the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city teachers' retirement system, the New York city board of
education retirement system, the New York city police pension fund, or
the New York city fire pension fund on or after April 1, 2012 (Part
H); to amend the civil service law, in relation to the reimbursement
of medicare premium charges for employees and retired employees of the
state, public authorities, public benefit corporations or other
quasi-public organizations of the state (Part I); to amend the state
finance law, in relation to reappropriation bills (Part J); to amend
the public lands, in relation to state aid on certain state leased or
state-owned land (Part K); to amend the state finance law, in relation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD12670-01-2
S. 6255 2 A. 9055
to the exemption of centralized contracts from audit prior to finali-
zation, the ability to designate an agency contract as a statewide
contract, the expansion of state contract rights for local governments
and non-profit organizations, amending the definition of best value
and lowest price for procurement and in relation to modifications of
contracts by not-for-profit corporations; to amend the general munici-
pal law, in relation to expanding contract use rights for local
governments; to amend the New York state printing and public documents
law, the state finance law, the not-for-profit corporation law, the
education law and the general municipal law, in relation to the
procurement of department printing; to amend chapter 741 of the laws
of 1985 relating to authorizing certain organizations to purchase
commodities under contracts let by the state office of general
services, in relation to purchases by charitable organizations; to
amend chapter 83 of the laws of 1995 amending the state finance law
and other laws relating to bonds, notes, and revenues, in relation to
the effectiveness of certain provisions thereof; and to repeal
sections 6 and 7 of the New York state printing and public documents
law, relating to department printing (Part L); to amend the civil
service law, in relation to authorizing term appointments without
examination for certain information technology positions; filling
vacancies by open competitive or upon promotion examination; certif-
ication of eligible lists from an open promotion examination; depart-
mental and interdepartmental promotion lists; promotion examination
opportunities for employees in non-competitive or labor class;
promotion and transfer to administrative positions in the state
service; transfer of employees in the non-competitive class where
possession of credentials, licenses or certifications is required; and
transfer of personnel upon consolidation or merge of departments or
agencies (Part M); to provide for the administration of certain funds
and accounts related to the 2012-13 budget; authorizing certain
payments and transfers; to amend the state finance law, in relation to
school tax relief fund; to amend the state finance law, in relation to
issuance of certificates of participation, variable rate bonds,
payments, transfers and deposits of funds and investment of general
funds, bond proceeds, and other funds not immediately required; to
amend the public authorities law, in relation to state environmental
infrastructure projects; to amend chapter 61 of the laws of 2005,
relating to providing for the administration of certain funds and
accounts related to the 2005-2006 budget, in relation to the Division
of Military and Naval Affairs Capital Projects; to amend chapter 389
of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; to amend the
public authorities law, in relation to courthouse improvements and
training facilities, metropolitan transportation authority facilities,
peace bridge projects and issuance of bonds by the dormitory authori-
ty; to amend the New York state urban development corporation act, in
relation to funding project costs for the state university of New York
college for nanoscale and science engineering and the NY-SUNY 2020
challenge grant program; to amend chapter 57 of the laws of 2008,
relating to providing for the administration of certain funds and
S. 6255 3 A. 9055
accounts related to the 2008-2009 budget, in relation to the effec-
tiveness thereof; to amend chapter 56 of the laws of 2009, relating to
providing for the administration of certain funds and accounts related
to the 2009-10 budget, in relation to the effectiveness thereof; to
amend chapter 56 of the laws of 2010, relating to providing for the
administration of certain funds and accounts related to the 2009-10
budget, in relation to the effectiveness thereof; to amend chapter 61
of the laws of 2000, amending the public authorities law relating to
the metropolitan transportation authority, the New York city transit
authority, and the Triborough bridge and tunnel authority, in relation
to authorizations to issue bonds and notes; to repeal sections 90-b,
91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
97-ff, 97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
of the state finance law relating thereto; to repeal subdivision 5 of
section 233-a and subdivision 3-a of section 378 of the education law
relating thereto; to repeal paragraph f of subdivision 31 of section
1680 of the public authorities law relating to the reserve funds of
private not-for-profit schools established with the dormitory authori-
ty; to repeal section 1022 of the private housing finance law relating
to the rural housing assistance fund; to repeal section 12 of chapter
1040 of the laws of 1981 relating to penalties for violations of the
lobbying act; to repeal chapter 50 of the laws of 1993 relating to
making appropriations for the support of government; and providing for
the repeal of certain provisions upon expiration thereof (Part N); to
amend the state technology law, the civil service law, the executive
law, the state finance law, the tax law, and the county law, in
relation to renaming the office for technology the office of informa-
tion technology services (Part O); to amend the state finance law, in
relation to aid and incentive to municipalities (Part P); and to pay
the metropolitan transportation authority the costs associated with
reimbursements for E-ZPass tolls paid by the residents of Broad Chan-
nel and the Rockaway Peninsula for travel over the Cross Bay Veterans
Memorial Bridge (Part Q)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through Q. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Subdivision 7 of section 995 of the executive law, as
amended by chapter 2 of the laws of 2006, paragraph (a) as separately
amended by chapter 320 of the laws of 2006 and paragraph (f) as amended
by chapter 405 of the laws of 2010, is amended to read as follows:
S. 6255 4 A. 9055
7. "Designated offender" means a person convicted of [and sentenced
for any one or more of the following provisions of the penal law (a)
sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,
a violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree, as defined in
section 110.00 and section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal law, arson in
the first degree, as defined in section 150.20 of the penal law,
burglary in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the third degree, as defined in section
110.00 and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the penal law relating to terrorism or any
attempt to commit an offense defined in such article relating to terror-
ism which is a felony; or (b) criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of the penal law; criminal sale of a
controlled substance, as defined in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in subdivision five of
section 155.30 of the penal law; or (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant to para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any of the following felonies, or an attempt thereof where such attempt
is a felony offense:
aggravated assault upon a person less than eleven years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section 205.25 of
S. 6255 5 A. 9055
the penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined in the penal
law or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree as defined in
section 120.00 of the penal law; attempted aggravated assault upon a
person less than eleven years old, as defined in section 110.00 and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of the penal
law; reckless endangerment in the second degree as defined in section
120.20 of the penal law; stalking in the fourth degree as defined in
section 120.45 of the penal law; stalking in the third degree as defined
in section 120.50 of the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section 120.55 of the penal
law; criminal obstruction of breathing or blood circulation as defined
S. 6255 6 A. 9055
in section 121.11 of the penal law; forcible touching as defined in
section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in section 130.55 of the
penal law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law regard-
less of the age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and section 135.10 of the
penal law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law; possession
of burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law; endangering the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering the welfare of an incompetent or physically disabled person as
defined in section 260.25 of the penal law] ANY FELONY DEFINED IN ANY
CHAPTER OF THE LAWS OF THE STATE OR ANY MISDEMEANOR DEFINED IN THE PENAL
LAW.
S 2. Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
3. (A) Any designated offender subsequent to conviction and sentencing
for a crime specified in subdivision seven of section nine hundred nine-
ty-five of this article, shall be required to provide a sample appropri-
ate for DNA testing to determine identification characteristics specific
to such person and to be included in a state DNA identification index
pursuant to this article.
(B) (I) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
(II) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A TERM
OF PROBATION, INCLUDING A SENTENCE OF PROBATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF IMPRISONMENT WHEN A SAMPLE HAS NOT ALREADY BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
(III) IN THE CASE OF A DESIGNATED OFFENDER WHOSE SENTENCE DOES NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE COURT
SHALL ORDER THAT THE DESIGNATED OFFENDER REPORT TO AN OFFICE OF THE
SHERIFF OF THAT COUNTY, AND WHEN THE DESIGNATED OFFENDER DOES SO, SUCH
SAMPLE SHALL BE COLLECTED BY THE SHERIFF'S OFFICE.
(IV) NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
CORRECTION OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER PUBLIC SERVANT WHO HAS BEEN
NOTIFIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED A DNA SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
S 3. This act shall take effect October 1, 2012; provided, however,
that the amendments to subdivision 7 of section 995 of the executive law
made by section one of this act shall apply to conviction of designated
offenses on or after such effective date.
PART B
Section 1. Section 396-ff of the general business law is REPEALED.
S 2. This act shall take effect immediately.
S. 6255 7 A. 9055
PART C
Section 1. Section 1806 of the vehicle and traffic law, as amended by
section 1 of part TT of chapter 56 of the laws of 2009, is amended to
read as follows:
S 1806. Plea of not guilty by a defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea of not
guilty to a violation of any provision of the tax law or the transporta-
tion law regulating traffic, or to a traffic infraction for the
violation of any of the provisions of the vehicle and traffic law or of
any local law, ordinance, order, rule or regulation relating to the
operation of motor vehicles or motorcycles, a defendant may enter a plea
of not guilty by mailing to the court of appropriate jurisdiction the
ticket making the charge and a signed statement indicating such plea.
Such plea must be sent: (a) by registered or certified mail, return
receipt requested or by first class mail; and (b) within forty-eight
hours after receiving such ticket. Upon receipt of such ticket and
statement, the court shall advise the violator, BY FIRST CLASS MAIL, of
an appearance AT WHICH NO TESTIMONY SHALL BE TAKEN. IF THE MOTORIST
REQUESTS A TRIAL, THE COURT SHALL SET A TRIAL DATE ON A DATE SUBSEQUENT
TO THE DATE OF THE INITIAL APPEARANCE AND SHALL NOTIFY THE DEFENDANT OF
THE date by first class mail but no warrant of arrest for failure to
appear can be issued until the violator is notified of a new court
appearance date by registered or certified mail, return receipt
requested, and fails to appear.
S 2. This act shall take effect immediately.
PART D
Section 1. Subdivision 3 of section 65.00 of the penal law, as amended
by chapter 264 of the laws of 2003, subparagraphs (i) and (ii) of para-
graph (a) as amended by section 20 of part AAA of chapter 56 of the laws
of 2009, paragraph (c) as amended by chapter 568 of the laws of 2004 and
the closing paragraph as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
3. Periods of probation. Unless terminated sooner in accordance with
the criminal procedure law, the period of probation shall be as follows:
(a) (i) For a felony, other than a class A-II felony defined in arti-
cle two hundred twenty of this chapter or the class B felony defined in
section 220.48 of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second felony
drug offender, or a sexual assault, the period of probation shall be A
DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST THREE YEARS AND
WHICH MUST NOT EXCEED five years;
(ii) For a class A-II felony drug offender as defined in paragraph (a)
of subdivision one of section 70.71 of this chapter as described in
paragraph (b) of subdivision one of this section, or a class B felony
committed by a second felony drug offender described in paragraph (b) of
subdivision one of this section, the period of probation shall be life
and for a class B felony defined in section 220.48 of this chapter, the
period of probation shall be twenty-five years;
(iii) For a felony sexual assault, the period of probation shall be
ten years.
(b) (i) For a class A misdemeanor, other than a sexual assault, the
period of probation shall be A DETERMINATE TERM, IN WHOLE YEARS, WHICH
MUST BE AT LEAST TWO YEARS AND WHICH MUST NOT EXCEED three years;
S. 6255 8 A. 9055
(ii) For a class A misdemeanor sexual assault, the period of probation
shall be six years.
(c) For a class B misdemeanor, the period of probation shall be one
year, except the period of probation shall be no less than one year and
no more than three years for the class B misdemeanor of public lewdness
as defined in section 245.00 of this chapter;
(d) For an unclassified misdemeanor, the period of probation shall be
A DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST TWO YEARS AND
WHICH MUST NOT EXCEED three years if the authorized sentence of impri-
sonment is in excess of three months, otherwise the period of probation
shall be one year.
For the purposes of this section, the term "sexual assault" means an
offense defined in article one hundred thirty or two hundred sixty-
three, or in section 255.25, 255.26 or 255.27 of this chapter, or an
attempt to commit any of the foregoing offenses.
S 2. Paragraph (c) of subdivision 1 of section 500-a of the
correction law, as amended by chapter 541 of the laws of 1994, is
amended to read as follows:
(c) For the detention of persons awaiting the availability of a court,
pursuant to the provisions of section 210.10, subdivision two of section
530.70 [or], subdivision two of section 410.40 OR SECTION 410.92 of the
criminal procedure law;
S 3. The criminal procedure law is amended by adding a new section
410.92 to read as follows:
S 410.92 PROBATION DETAINER WARRANT.
1. A PERSON UNDER PROBATION SUPERVISION WHO HAS BEEN TAKEN INTO CUSTO-
DY PURSUANT TO SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR
VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION MUST FORTHWITH BE
BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE THE COURT THAT
IMPOSED SENTENCE IS A LOCAL CRIMINAL COURT AND NO JUDGE FROM THAT COURT
IS AVAILABLE, AND SUCH PERSON HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SUBDIVISION FOUR OF SECTION 410.50 OF THIS ARTICLE, SUCH PERSON SHALL BE
BROUGHT BEFORE ANY AVAILABLE ALTERNATIVE COURT AS DESCRIBED IN SUBDIVI-
SION FIVE OF SECTION 120.90 OF THIS CHAPTER. WHERE THE COURT THAT
IMPOSED THE SENTENCE IS A SUPERIOR COURT AND NO JUDGE FROM THAT COURT IS
AVAILABLE, SUCH PERSON SHALL BE BROUGHT BEFORE ANY AVAILABLE LOCAL CRIM-
INAL COURT IN THE SAME COUNTY. WHEN NO SUCH ALTERNATIVE COURT IS AVAIL-
ABLE, THE PROBATION OFFICER SHALL REPORT SUCH FACT AND SUCH EFFORTS TO
LOCATE AN AVAILABLE ALTERNATIVE COURT TO THE DIRECTOR OR DEPUTY DIRECTOR
OF THE LOCAL PROBATION DEPARTMENT, AND THEREUPON A WARRANT MAY BE ISSUED
BY SUCH DIRECTOR OR DEPUTY DIRECTOR FOR THE TEMPORARY DETENTION OF SUCH
PERSON UPON THAT OFFICIAL'S DETERMINATION THAT A PUBLIC SAFETY RISK
REQUIRES THAT THE PROBATIONER BE IMMEDIATELY TAKEN INTO CUSTODY. A
WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE SUFFICIENT
AUTHORITY TO THE SUPERINTENDENT OR OTHER PERSON IN CHARGE OF ANY JAIL,
PENITENTIARY, LOCKUP OR DETENTION PEN TO WHOM IT IS DELIVERED TO HOLD IN
TEMPORARY DETENTION THE PERSON NAMED THEREIN. DURING SUCH PERIOD OF
TEMPORARY DETENTION, A WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL
HAVE THE SAME EFFECT AS A WARRANT ISSUED BY A COURT PURSUANT TO SUBDIVI-
SION TWO OF SECTION 210.40 OF THIS ARTICLE.
2. A PERSON TEMPORARILY DETAINED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE BROUGHT BEFORE THE SENTENCING COURT WITHOUT UNNECESSARY
DELAY, AND IN ANY EVENT WITHIN FORTY-EIGHT HOURS, WHETHER OR NOT THE
COURT IS SCHEDULED TO BE IN SESSION. IF THE COURT HAS REASONABLE CAUSE
TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT
MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR FIX BAIL OR
S. 6255 9 A. 9055
RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE
AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS ARTI-
CLE. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH
PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT HE
OR SHE BE RELEASED. THE COURT SHALL CONSIDER ALL RELEVANT FACTS AND
CIRCUMSTANCES AND RENDER AN INDEPENDENT JUDGMENT IN MAKING A DECISION
UNDER THIS SUBDIVISION AND SHALL NOT RELY ON THE DETERMINATION TO TEMPO-
RARILY DETAIN SUCH PERSON MADE BY THE DIRECTOR OR DEPUTY DIRECTOR OF THE
LOCAL PROBATION DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
S 4. The office of court administration shall make reasonable efforts
to ensure that judges are available in each county to review the status
of persons taken into custody pursuant to subdivision 4 of section
410.50 of the criminal procedure law in a timely manner and before the
director or deputy director of the local probation department issues a
warrant pursuant to subdivision 1 of section 410.92 of the criminal
procedure law that such person be detained.
S 5. This act shall take effect immediately and section one of this
act shall apply to offenses committed on or after such effective date.
PART E
Section 1. The penal law is amended by adding a new article 62 to read
as follows:
ARTICLE 62
CRIMINAL FORFEITURE
SECTION 62.00 CRIMINAL FORFEITURE.
S 62.00 CRIMINAL FORFEITURE.
1. THE COURT, IN IMPOSING SENTENCE ON A PERSON CONVICTED OF A
VIOLATION OF ANY OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER CHAPTER OF
THE CONSOLIDATED LAWS OF THE STATE, SHALL ORDER THAT THE PERSON FORFEIT
ANY PROPERTY, REAL OR PERSONAL, CONSTITUTING, OR DERIVED FROM, PROCEEDS
THE PERSON OBTAINED DIRECTLY OR INDIRECTLY AS THE RESULT OF SUCH
VIOLATION. THE COURT, IN IMPOSING SENTENCE ON A PERSON CONVICTED OF A
VIOLATION OF ANY FELONY OFFENSE SHALL ORDER THAT THE PERSON FORFEIT ANY
PROPERTY, REAL OR PERSONAL, INVOLVED IN SUCH OFFENSE, OR ANY PROPERTY
TRACEABLE TO SUCH PROPERTY.
2. IN THE EVENT OF A PENDING CRIMINAL CASE IN WHICH A DEFENDANT HAS
ABSCONDED FROM THE JURISDICTION OF THE COURT, THE COURT MAY ORDER
FORFEITURE OF ANY PROPERTY, REAL OR PERSONAL, CONSTITUTING, OR DERIVED
FROM, PROCEEDS OBTAINED DIRECTLY OR INDIRECTLY, AS THE RESULT OF ANY
VIOLATION OF THE THIS CHAPTER, AS WELL AS ANY PROPERTY, REAL OR
PERSONAL, INVOLVED IN ANY VIOLATION OF THIS CHAPTER, OR ANY PROPERTY
TRACEABLE TO SUCH PROPERTY. THE COURT MAY DISALLOW A PERSON FROM USING
THE RESOURCES OF THE COURTS OF THE STATE OF NEW YORK IN FURTHERANCE OF A
CLAIM IN ANY RELATED FORFEITURE ACTION OR A CLAIM IN THIRD PARTY
PROCEEDINGS IN ANY RELATED CRIMINAL FORFEITURE ACTION UPON A FINDING
THAT SUCH PERSON:
(A) AFTER NOTICE OR KNOWLEDGE OF THE FACT THAT A WARRANT OR PROCESS
HAS BEEN ISSUED FOR HIS OR HER APPREHENSION, IN ORDER TO AVOID CRIMINAL
PROSECUTION:
(I) PURPOSELY LEAVES THE JURISDICTION OF THE STATE OF NEW YORK;
(II) DECLINES TO ENTER OR REENTER THE STATE OF NEW YORK TO SUBMIT TO
ITS JURISDICTION;
(III) OTHERWISE EVADES THE JURISDICTION OF THE COURT IN WHICH A CRIMI-
NAL CASE IS PENDING AGAINST THE PERSON; AND
S. 6255 10 A. 9055
(B) IS NOT CONFINED OR HELD IN CUSTODY IN ANY OTHER JURISDICTION FOR
COMMISSION OF CRIMINAL CONDUCT IN THAT JURISDICTION.
THIS SUBDIVISION MAY BE APPLIED TO A CLAIM FILED BY A CORPORATION IF
ANY MAJORITY SHAREHOLDER OR INDIVIDUAL FILING THE CLAIM ON BEHALF OF THE
CORPORATION IS A PERSON TO WHOM THIS SUBDIVISION APPLIES.
3. ANY PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION MAY BE SEIZED
BY LAW ENFORCEMENT, EX PARTE AND UNDER SEAL, UPON A SHOWING OF PROBABLE
CAUSE TO BELIEVE THAT THE PROPERTY IS FORFEITABLE, EXCEPT THAT A SEIZURE
MAY BE MADE WITHOUT A WARRANT:
(A) PURSUANT TO AN ORDER OF ATTACHMENT; OR
(B) IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY IS SUBJECT
TO FORFEITURE; AND
(I) THE SEIZURE IS MADE PURSUANT TO A LAWFUL ARREST OR SEARCH; OR
(II) ANOTHER EXCEPTION TO THE FOURTH AMENDMENT WARRANT REQUIREMENT OF
THE FEDERAL CONSTITUTION APPLIES.
ANY MOTION FOR THE RETURN OF PROPERTY SEIZED UNDER THIS SECTION SHALL
BE FILED IN THE COURT IN WHICH THE SEIZURE WARRANT WAS ISSUED.
4. OTHER THAN AS PROVIDED IN THIS SECTION, THE FORFEITURE OF PROPERTY,
INCLUDING ANY SEIZURE AND DISPOSITION OF THE PROPERTY AND ANY RELATED
JUDICIAL OR ADMINISTRATIVE PROCEEDING, SHALL BE GOVERNED BY THE
PROVISIONS OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES.
5. NOTHING IN THIS ARTICLE SHALL SUPERSEDE LOCAL LAWS AFFECTING
FORFEITURE.
S 2. Subdivisions 2, 4-a and 5 of section 1310 of the civil practice
law and rules, subdivisions 2 and 5 as added by chapter 669 of the laws
of 1984 and subdivision 4-a as added by chapter 655 of the laws of 1990,
are amended to read as follows:
2. "Proceeds of a crime" means any property obtained through the
commission of a felony OR MISDEMEANOR crime defined in subdivisions five
and six [hereof] OF THIS SECTION, and includes any appreciation in value
of such property.
4-a. "Real property instrumentality of a crime" means an interest in
real property the use of which contributes directly and materially to
the commission of a specified felony offense OR MISDEMEANOR.
5. "Post-conviction forfeiture crime" means any [felony] CRIME defined
in the penal law or any other chapter of the consolidated laws of the
state.
S 3. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
tice law and rules, as added by chapter 669 of the laws of 1984, is
amended to read as follows:
(a) Actions relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded upon a
conviction of a [felony] CRIME defined in subdivision five of section
one thousand three hundred ten of this article, or upon criminal activ-
ity arising from a common scheme or plan of which such a conviction is a
part, or upon a count of an indictment or information OR IN SATISFACTION
OF AN APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW alleging a [felony] CRIME
which was dismissed at the time of a plea of guilty to a felony OR
MISDEMEANOR in satisfaction of such count. A court may not grant forfei-
ture until such conviction has occurred. However, an action may be
commenced, and a court may grant a provisional remedy provided under
this article, prior to such conviction having occurred. An action under
this paragraph must be dismissed at any time after sixty days of the
commencement of the action unless the conviction upon which the action
is grounded has occurred, or an [indictment or information] APPROPRIATE
S. 6255 11 A. 9055
ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW upon which the asserted conviction is to be
based is pending in a superior OR LOCAL CRIMINAL court. An action under
this paragraph shall be stayed during the pendency of a criminal action
which is related to it; provided, however, that such stay shall not
prevent the granting or continuance of any provisional remedy provided
under this article or any other provisions of law.
S 4. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
6. Where the defendant consents to a plea of guilty to [the indict-
ment, or part of the indictment] AN APPROPRIATE ACCUSATORY INSTRUMENT AS
DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or consents
to be prosecuted by superior court information as set forth in section
195.20 of this chapter, and if the defendant and prosecutor agree that
as a condition of the plea or the superior court information certain
property shall be forfeited by the defendant, the description and pres-
ent estimated monetary value of the property shall be stated in court by
the prosecutor at the time of [plea] DISPOSITION. Within thirty days of
the acceptance of the plea or superior court information by the court,
the prosecutor shall send to the commissioner of the division of crimi-
nal justice services a document containing the name of the defendant,
the description and present estimated monetary value of the property,
and the date the plea [or superior court information] was accepted. Any
property forfeited by the defendant as a condition to a plea of guilty
to an [indictment] APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN
SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or a part thereof, or
to a superior court information, shall be disposed of in accordance with
the provisions of section thirteen hundred forty-nine of the civil prac-
tice law and rules.
S 5. Paragraphs (e), (f), (g) and (h) of subdivision 2 and subdivision
3 of section 1349 of the civil practice law and rules, paragraphs (e),
(f) and (h) of subdivision 2 and subdivision 3 as added by chapter 655
of the laws of 1990 and paragraph (g) of subdivision 2 as amended by
chapter 398 of the laws of 2004, are amended to read as follows:
(e) [In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, fifteen percent of all moneys realized through
forfeiture to the claiming authority in satisfaction of actual costs and
expenses incurred in the investigation, preparation and litigation of
the forfeiture action, including that proportion of the salaries of the
attorneys, clerical and investigative personnel devoted thereto, plus
all costs and disbursements taxable under the provisions of this chap-
ter;
(f) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of all moneys realized through
forfeiture to the claiming agent in satisfaction of actual costs
incurred for protecting, maintaining and forfeiting the property includ-
ing that proportion of the salaries of attorneys, clerical and investi-
gative personnel devoted thereto;
(g) Forty percent of all moneys realized through forfeiture which are
remaining after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence service fund established
pursuant to section ninety-seven-w of the state finance law;
(h) All moneys remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:
(i) seventy-five percent of such moneys shall be deposited to a law
enforcement purposes subaccount of the general fund of the state where
S. 6255 12 A. 9055
the claiming agent is an agency of the state or the political subdivi-
sion or public authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
(ii) the remaining twenty-five percent of such moneys shall be depos-
ited to a prosecution services subaccount of the general fund of the
state where the claiming authority is the attorney general or the poli-
tical subdivision of which the claiming authority is a part, to be used
for the prosecution of penal law offenses.
Where multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall be
disbursed to the appropriate law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the partic-
ipation of each claiming agent entered into by the participating claim-
ing agents.] ANY AMOUNTS THAT ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION SHALL BE DISTRIBUTED AS FOLLOWS:
THIRTY-FIVE PERCENT TO THE CLAIMING AUTHORITY; FORTY PERCENT TO THE
CLAIMING AGENT; AND TWENTY-FIVE PERCENT TO THE STATE, TO BE DEPOSITED IN
THE GENERAL FUND. WHERE MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE
FORFEITURE ACTION, THE CLAIMING AUTHORITY MAY DISBURSE THE FUNDS EQUIT-
ABLY AMONG ALL INVOLVED LAW ENFORCEMENT AGENCIES OR INVESTIGATORS.
3. All moneys distributed to the claiming agent and the claiming
authority pursuant to paragraph [(h)] (E) of subdivision two of this
section shall be used to enhance law enforcement efforts and not in
supplantation of ordinary budgetary costs including salaries of person-
nel, and expenses of the claiming authority or claiming agent during the
fiscal year in which this section takes effect.
S 6. This act shall take effect immediately.
PART F
Section 1. Section 2 of part H of chapter 503 of the laws of 2009
relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as amended by
section 1 of part B of chapter 57 of the laws of 2011, is amended to
read as follows:
S 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2012] 2013, when it shall expire and
be deemed repealed.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2012.
PART G
Section 1. Subdivision 2 of section 20 of the executive law is amended
by adding a new paragraph i to read as follows:
I. "INCIDENT MANAGEMENT TEAM" MEANS A STATE CERTIFIED TEAM OF TRAINED
PERSONNEL FROM DIFFERENT DEPARTMENTS, ORGANIZATIONS, AGENCIES, AND
JURISDICTIONS WITHIN THE STATE, OR A REGION OF THE STATE, ACTIVATED TO
SUPPORT AND MANAGE MAJOR AND/OR COMPLEX INCIDENTS REQUIRING A SIGNIF-
ICANT NUMBER OF LOCAL, REGIONAL, AND STATE RESOURCES.
S 2. Subdivision 1 of section 21 of the executive law, as amended by
section 93 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. There is hereby created in the executive department a disaster
preparedness commission consisting of the commissioners of transporta-
tion, health, division of criminal justice services, education, [social
S. 6255 13 A. 9055
services,] economic development, agriculture and markets, housing and
community renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation, corrections
and community supervision [and], children and family services, HOMELAND
SECURITY AND EMERGENCY SERVICES, AND PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES, the president of the New York state energy research and develop-
ment authority, the superintendents of state police, [insurance, bank-
ing,] FINANCIAL SERVICES, the secretary of state, the state fire
administrator, the chair of the public service commission, the adjutant
general, [the directors of the offices within the division of homeland
security and emergency services,] the office for technology, and the
office of victim services, the chairs of the thruway authority, the
metropolitan transportation authority, the port authority of New York
and New Jersey, the chief professional officer of the state coordinating
chapter of the American Red Cross and three additional members, to be
appointed by the governor, two of whom shall be chief executives. Each
member agency may designate an EXECUTIVE LEVEL officer of that agency,
with responsibility for disaster preparedness matters, who may represent
that agency on the commission. The commissioner of the division of home-
land security and emergency services shall serve as chair of the commis-
sion, and the governor shall designate the vice chair of the commission.
The members of the commission, except those who serve ex officio, shall
be allowed their actual and necessary expenses incurred in the perform-
ance of their duties under this article but shall receive no additional
compensation for services rendered pursuant to this article.
S 3. Paragraph f of subdivision 3 of section 21 of the executive law,
as amended by section 2 of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
f. (1) unless it deems it unnecessary, create, following the declara-
tion of a state disaster emergency, a temporary organization in the
disaster area to provide for integration and coordination of efforts
among the various federal, state, municipal and private agencies
involved. The commission, upon a finding that a municipality is unable
to manage local disaster operations, may, with the approval of the
governor, direct the temporary organization to assume direction of the
local disaster operations of such municipality, for a specified period
of time, and in such cases such temporary organization shall assume
direction of such local disaster operations, subject to the supervision
of the commission. In such event, such temporary organization may
utilize such municipality's local resources, provided, however, that the
state shall not be liable for any expenses incurred in using such
municipality's resources. THE STATE SHALL NOT BE LIABLE FOR THE EXPENSES
INCURRED IN USING THIRD PARTY, NON-STATE RESOURCES DEPLOYED TO THE
AFFECTED AREA BY THE TEMPORARY ORGANIZATION, WHICH ARE NECESSARY TO
PROTECT LIFE AND SAFETY;
(2) THE STATE INCIDENT MANAGEMENT TEAM SHALL HAVE THE AUTHORITY TO ACT
AS THE OPERATIONAL ARM OF THE TEMPORARY ORGANIZATION. WHEN CALLED TO
DUTY AND DEPLOYED BY THE STATE, MEMBERS OF ANY STATE OR LOCAL INCIDENT
MANAGEMENT TEAM SHALL BE DEEMED TEMPORARY EMPLOYEES OF THE STATE AND
SHALL HAVE THE SAME PRIVILEGES AND IMMUNITIES AFFORDED TO REGULAR STATE
EMPLOYEES, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY THE PRES-
IDENT OF THE STATE CIVIL SERVICE COMMISSION PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE CIVIL SERVICE LAW;
S 4. Subdivision 5 of section 21 of the executive law, as added by
section 2 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
S. 6255 14 A. 9055
5. The STATE office of emergency management within the division of
homeland security and emergency services shall serve as the [staff]
OPERATIONAL arm of the commission and shall be responsible for imple-
menting provisions of this article and the rules and policies adopted by
the commission. THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGE-
MENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL EXERCISE THE AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS COMMIS-
SION IN SECTION TWENTY-NINE OF THIS ARTICLE, TO COORDINATE AND DIRECT
STATE AGENCIES AND ASSETS IN RESPONSE TO A STATE DISASTER EMERGENCY ON
BEHALF OF THE GOVERNOR AND THE CHAIR OF THE DISASTER PREPAREDNESS
COMMISSION. IF THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGEMENT
IS UNABLE TO EXERCISE THIS AUTHORITY, THEN THE EXECUTIVE DEPUTY COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
ACT IN THIS CAPACITY. IN THE EVENT THAT THE EXECUTIVE DEPUTY COMMISSION-
ER IS UNABLE TO EXERCISE THIS AUTHORITY, THEN SUCH AUTHORITY SHALL BE
EXERCISED BY THE OFFICIAL WILLING AND ABLE TO DO SO IN THE FOLLOWING
ORDER: THE STATE FIRE ADMINISTRATOR; THE SUPERINTENDENT OF THE DIVISION
OF STATE POLICE; OR THE DIRECTOR OF THE OFFICE OF COUNTERTERRORISM WITH-
IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
S 5. The opening paragraph and paragraph f of subdivision 1 of section
24 of the executive law, the opening paragraph as amended by chapter 158
of the laws of 1994 and paragraph f of subdivision 1 as amended by
section 5 of part B of chapter 56 of the laws of 2010, are amended to
read as follows:
Notwithstanding any inconsistent provision of law, general or special,
in the event of a disaster, rioting, catastrophe, or similar public
emergency within the territorial limits of any county, city, town or
village, or in the event of reasonable apprehension of immediate danger
thereof, and upon a finding by the chief executive thereof that the
public safety is imperiled thereby, such chief executive may proclaim a
local state of emergency within any part or all of the territorial
limits of such local government; provided, however, that in the event of
a radiological accident as defined in section twenty-nine-c of this
article, such chief executive may request of the governor a declaration
of disaster emergency. SUCH PROCLAMATION SHALL REMAIN IN EFFECT FOR A
PERIOD NOT TO EXCEED THIRTY DAYS OR UNTIL RESCINDED BY THE CHIEF EXECU-
TIVE, WHICHEVER OCCURS FIRST. THE CHIEF EXECUTIVE MAY ISSUE ADDITIONAL
PROCLAMATIONS TO EXTEND THE STATE OF EMERGENCY FOR ADDITIONAL PERIODS
NOT TO EXCEED THIRTY DAYS. Following such proclamation and during the
continuance of such local state of emergency, the chief executive may
promulgate local emergency orders to protect life and property or to
bring the emergency situation under control. As illustration, such
orders may, within any part or all of the territorial limits of such
local government, provide for:
f. the establishment or designation of emergency shelters, emergency
medical shelters, and in consultation with the state commissioner of
health, [alternate medical care sites] COMMUNITY BASED CARE CENTERS;
S 6. Subdivision 3 of section 24 of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
3. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emergency
orders of a chief executive of a county shall be executed in [tripli-
cate] QUADRUPLICATE and shall be filed within seventy-two hours or as
soon thereafter as practicable in the office of the clerk of the govern-
ing board of the county, the office of the county clerk [and], the
office of the secretary of state AND THE STATE OFFICE OF EMERGENCY
MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
S. 6255 15 A. 9055
SERVICES. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emer-
gency orders of a chief executive of a city, town or village shall be
executed in [triplicate] QUADRUPLICATE and shall be filed within seven-
ty-two hours or as soon thereafter as practicable in the office of the
clerk of such municipal corporation, the office of the county clerk
[and], the office of the secretary of state AND THE STATE OFFICE OF
EMERGENCY MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES.
S 7. Subdivision 1 of section 29-a of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
1. Subject to the state constitution, the federal constitution and
federal statutes and regulations, [and after seeking the advice of the
commission,] the governor may by executive order temporarily suspend
specific provisions of any statute, local law, ordinance, or orders,
rules or regulations, or parts thereof, of any agency during a state
disaster emergency, if compliance with such provisions would prevent,
hinder, or delay action necessary to cope with the disaster.
S 8. Paragraph c of subdivision 2 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
c. "Local emergency management [officer] DIRECTOR" means the local
government official responsible for emergency preparedness, response and
recovery;
S 9. Paragraph a of subdivision 6 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
a. A participating local government may request assistance of other
participating local governments in preventing, mitigating, responding to
and recovering from disasters that result in locally-declared emergen-
cies, or for the purpose of conducting multi-jurisdictional or regional
training, drills or exercises. Requests for assistance may be made
verbally or in writing; verbal requests shall be memorialized in writing
as soon thereafter as is practicable. NOTWITHSTANDING THE PROVISIONS OF
SECTION TWENTY-FIVE OF THIS ARTICLE, THE LOCAL EMERGENCY MANAGEMENT
DIRECTOR SHALL HAVE THE AUTHORITY TO REQUEST AND ACCEPT ASSISTANCE AND
DEPLOY THE LOCAL RESOURCES OF HIS OR HER JURISDICTION UNDER THE INTRA-
STATE MUTUAL AID PROGRAM.
S 10. Paragraph b of subdivision 8 of section 29-h of the executive
law is relettered paragraph d and two new paragraphs b and c are added
to read as follows:
B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, ANY REQUESTING LOCAL GOVERNMENT SHALL BE LIABLE AND RESPONSI-
BLE TO THE ASSISTING LOCAL GOVERNMENT FOR ANY LOSS OR DAMAGE TO EQUIP-
MENT OR SUPPLIES AND SHALL BEAR AND PAY THE EXPENSE INCURRED IN THE
OPERATION AND MAINTENANCE OF ANY EQUIPMENT AND THE COST OF MATERIALS AND
SUPPLIES USED IN RENDERING ASSISTANCE UNDER THIS SECTION.
C. THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR SALARIES OR
OTHER COMPENSATION FOR ITS EMPLOYEES DEPLOYED TO A REQUESTING LOCAL
GOVERNMENT DURING THE TIME THEY ARE NOT PERFORMING THEIR DUTIES PURSUANT
TO SUCH REQUEST, AND SHALL DEFRAY THE ACTUAL TRAVELING AND MAINTENANCE
EXPENSE OF ITS EMPLOYEES AND EQUIPMENT WHILE THEY ARE RENDERING ASSIST-
ANCE UNDER THIS SECTION. THE RECEIVING LOCAL GOVERNMENT SHALL REIMBURSE
THE ASSISTING LOCAL GOVERNMENT FOR ANY MONEYS PAID FOR SUCH SALARIES OR
OTHER COMPENSATION AND TRAVELING AND MAINTENANCE EXPENSES.
S 11. Subdivisions 9 and 10 of section 29-h of the executive law are
renumbered subdivisions 10 and 11 and subdivision 10, as added by
S. 6255 16 A. 9055
section 10-a of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
10. Liability. a. Each local government is responsible for procuring
and maintaining insurance or other coverage as it deems appropriate.
b. WHILE IN THE PERFORMANCE OF THEIR DUTIES UNDER THE INTRASTATE
MUTUAL AID PROGRAM, EMPLOYEES OF THE ASSISTING LOCAL GOVERNMENT SHALL
HAVE THE SAME IMMUNITIES AND PRIVILEGES AS IF SUCH DUTIES WERE PERFORMED
WITHIN THEIR HOME JURISDICTION. AN ASSISTING LOCAL GOVERNMENT PROVIDING
ASSISTANCE PURSUANT TO THE INTRASTATE MUTUAL AID PROGRAM SHALL BE LIABLE
FOR THE NEGLIGENCE OF ITS EMPLOYEES, WHICH OCCURS IN THE PERFORMANCE OF
THEIR DUTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH NEGLI-
GENCE OCCURRED IN THE PERFORMANCE OF THEIR DUTIES IN THEIR HOME JURIS-
DICTION.
C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN THEIR HOME JURISDICTION.
THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR ALL COSTS OR PAYMENTS
FOR SUCH BENEFITS AS REQUIRED BY LAW.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE ASSISTING
AND RECEIVING LOCAL GOVERNMENTS FROM AGREEING TO OTHER TERMS RELATED TO
LIABILITY AND WORKERS' COMPENSATION BECAUSE OF EXISTING STATUTES, LAWS,
RULES OR REGULATIONS. LOCAL GOVERNMENTS MAY CHOOSE TO ENTER INTO AN
AGREEMENT, AT ANY TIME, TO ALTER THESE TERMS AS THEY DEEM NECESSARY.
E. Nothing in this section shall be construed to provide any
protection against liability, or to create any liability, for an indi-
vidual who responds to a state of emergency where aid has not been
requested, or where aid has not been authorized by the individual's
[local government] HOME JURISDICTION.
S 12. Section 29-h of the executive law is amended by adding two new
subdivisions 9 and 12 to read as follows:
9. PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF AN
ASSISTING LOCAL GOVERNMENT SHALL CONTINUE UNDER THE ADMINISTRATIVE
CONTROL OF THEIR JURISDICTION. HOWEVER, IN ALL OTHER CASES WHERE NOT
PROHIBITED BY EXISTING STATUTE OR OTHER AUTHORITY, EMERGENCY RESPONSE
PERSONNEL OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE DIRECTION
AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
(2) PERFORMANCE BY EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT OF
SERVICES FOR A REQUESTING LOCAL GOVERNMENT PURSUANT TO THIS SECTION
SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOYEES REPRESENTED
BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED PURSUANT TO SECTION
TWO HUNDRED SIX OR TWO HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCLU-
SIVELY PERFORM SUCH SERVICES, AS THAT PHRASE IS USED BY THE PUBLIC
EMPLOYMENT RELATIONS BOARD, ON BEHALF OF THE REQUESTING LOCAL GOVERN-
MENT;
B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER
THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
12. LICENSE, CERTIFICATE AND PERMIT PORTABILITY. A. STATE CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
S. 6255 17 A. 9055
B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT WHO IS CERTIFIED OR PERMITTED EITHER LOCALLY OR REGIONALLY WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
S 13. This act shall take effect immediately.
PART H
Section 1. Paragraph 1 of subdivision j of section 41 of the retire-
ment and social security law, as amended by chapter 397 of the laws of
2009, is amended to read as follows:
1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be considered in meeting any
service or age requirements prescribed in this chapter, and (c) be
considered in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated the
professional, scientific and technical services unit, the rent regu-
lation services negotiating unit, the security services negotiating
unit, the security supervisors negotiating unit, the state university
professional services negotiating unit, the administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit such service credit limitation provided in
subparagraph (a) of this paragraph shall not exceed two hundred days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory authority,
for employees of the New York state thruway authority, the New York
state canal corporation and the state university construction fund and
for employees of the New York liquidation bureau such service credit
limitation provided in subparagraph (a) of this paragraph shall not
exceed two hundred days. MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, SHALL NOT BE GRANTED ANY ADDITIONAL SERVICE CREDIT FOR UNUSED
SICK LEAVE.
S 2. Subdivisions a and b of section 376 of the retirement and social
security law, subdivision a as amended by chapter 389 of the laws of
1998 and subdivision b as amended by chapter 371 of the laws of 1969,
are amended to read as follows:
a. A member who discontinues service other than by death or retire-
ment:
1. who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, or
2. who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
S. 6255 18 A. 9055
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, including a minimum of five years of member
service during which the member contributed to the system and/or partic-
ipated in an increased-take-home-pay or non-contributory plan, and who
does not withdraw his or her accumulated contributions, shall be enti-
tled to make application pursuant to section three hundred seventy of
this article for a vested retirement allowance to be effective on or
after the first day of the month following his or her attainment of
sixty years of age, OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO FIRST
BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. The retire-
ment allowance provided by this section shall vest automatically upon
such discontinuance of service by such member.
3. In the case of such a member who discontinues service other than by
death or retirement after March thirty-first, nineteen hundred sixty-
six, who had been contributing toward and/or participating in an
increased-take-home-pay or non-contributory plan for retirement on a
basis other than retirement at age sixty for five years preceding his or
her discontinuance of service, he or she shall be entitled to make
application for a vested retirement allowance to be effective on or
after the first day of the month following his or her attainment of
fifty-five years of age, OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO
FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
b. The vested retirement allowance shall be computed and paid in
accordance with the provisions of the plan of which the member had been
a participant provided, however, that if the service fraction used to
compute the retirement allowance or the pension provides a benefit
greater than that which would have been provided had the service frac-
tion one-sixtieth been used to compute the benefit, the service fraction
one-sixtieth shall be used to compute the vested retirement allowance
unless such plan shall specify another fraction to be used to compute
the vested retirement allowance. The vested retirement allowance shall
not be paid before the member attains age fifty-five, OR SIXTY-FIVE
YEARS OF AGE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
S 3. Subdivision e of section 440 of the retirement and social securi-
ty law, as added by chapter 285 of the laws of 1997, is amended to read
as follows:
e. Notwithstanding any other provision of law to the contrary, the
provisions and limitations of this article shall apply, as may be appro-
priate, to all investigator members of the New York city employees'
retirement system who last joined such retirement system on or after
July first, nineteen hundred seventy-six, AND PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED
THIS SUBDIVISION.
S 4. Subdivisions 5, 7, 12, 17 and 24 of section 501 of the retirement
and social security law, subdivisions 5, 12 and 17 as added by chapter
890 of the laws of 1976, subdivision 7 as amended by chapter 408 of the
laws of 2000 and subdivision 24 as amended by section 1 of part B of
chapter 504 of the laws of 2009, are amended to read as follows:
5. "Early retirement age" shall mean age fifty-five, for general
members, and the age on which a member completes or would have completed
twenty years of service, for police/fire members, NEW YORK CITY
S. 6255 19 A. 9055
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
7. "Eligible beneficiary" for the purposes of section five hundred
nine of this article shall mean the following persons or classes of
persons in the order set forth: (a) a surviving spouse who has not
renounced survivorship rights in a separation agreement, until remar-
riage, (b) surviving children until age twenty-five, (c) dependent
parents, determined under regulations promulgated by the comptroller,
(d) any other person who qualified as a dependent on the final federal
income tax return of the member or the return filed in the year imme-
diately preceding the year of death, until such person reaches twenty-
one years of age and (e) with respect to members of the New York city
employees' retirement system (OTHER THAN A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER) and the board of education retirement system of the city of
New York, a person whom the member shall have nominated in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for the purpose of section five hundred eight of this
article. In the event that a class of eligible beneficiaries consists of
more than one person, benefits shall be divided equally among the
persons in such class. For the purposes of section five hundred eight OF
THIS ARTICLE the term "eligible beneficiary" shall mean such person as
the member shall have nominated to receive the benefits provided in this
article. To be effective, such a nomination must be in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for this specific purpose. In the event such desig-
nated beneficiary does not survive him, or if he shall not have so
designated a beneficiary, such benefits shall be payable to the deceased
member's estate or as provided in section one thousand three hundred ten
of the surrogate's court procedure act.
12. "General member" shall mean a member subject to the provisions of
this article who is not a police/fire member, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER.
17. "Normal retirement age" shall be age sixty-two, for general
members, and the age at which a member completes or would have completed
twenty-two years of service, for police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
24. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, except that for members who first join the
state and local employees' retirement system on or after January first,
two thousand ten, overtime compensation paid in any year in excess of
the overtime ceiling, as defined by this subdivision, shall not be
included in the definition of wages. "Overtime compensation" shall mean,
for purposes of this section, compensation paid under any law or policy
under which employees are paid at a rate greater than their standard
rate for additional hours worked beyond those required, including
compensation paid under section one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by three percent each
year thereafter. For the purpose of calculation a member's primary
federal social security retirement or disability benefit, wages shall,
in any calendar year, be limited to the portion of the member's wages
which would be subject to tax under section three thousand one hundred
S. 6255 20 A. 9055
twenty-one of the internal revenue code of nineteen hundred fifty-four,
or any predecessor or successor provision relating thereto, if such
member was employed by a private employer. FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWELVE WHICH AMENDED THIS SUBDIVISION, AND FOR NEW YORK CITY POLICE/FIRE
REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS, THE FOLLOW-
ING ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: (A) OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (B) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (C) LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (D) ANY FORM OF TERMINATION PAY AND (E) ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S 5. Section 501 of the retirement and social security law is amended
by adding three new subdivisions 25, 26 and 27 to read as follows:
25. "NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER" SHALL MEAN A MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF
THIS ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS A
MEMBER OF EITHER THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION OR THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION.
26. "NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBER" SHALL MEAN A
POLICE/FIRE MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS A MEMBER OF
EITHER THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND.
27. "INVESTIGATOR REVISED PLAN MEMBER" SHALL MEAN AN INVESTIGATOR
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A POLICE
OFFICER AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AND WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE.
S 6. Subdivisions a and b of section 502 of the retirement and social
security law, as amended by section 2 of part B of chapter 504 of the
laws of 2009, are amended to read as follows:
a. A member who first joins a public retirement system of this state
on or after June thirtieth, nineteen hundred seventy-six shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of five years of creditable service after July first,
nineteen hundred seventy-three, except that a member who first joins the
New York state and local employees' retirement system on or after Janu-
ary first, two thousand ten shall not be eligible for service retirement
benefits pursuant to this article until such member has rendered a mini-
mum of ten years of credited service. A MEMBER WHO FIRST BECOMES A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR
SERVICE RETIREMENT BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER
HAS RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
b. A member who previously was a member of a public retirement system
of this state shall not be eligible for service retirement benefits
hereunder until such member has rendered a minimum of five years of
S. 6255 21 A. 9055
service which is creditable pursuant to section five hundred thirteen of
this article. A member who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall not be eligible for service retirement benefits pursuant to this
article until such member has rendered a minimum of ten years of credit-
ed service. A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS
PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF
TWELVE YEARS OF CREDITED SERVICE.
S 7. Subdivisions a, c and d of section 503 of the retirement and
social security law, subdivision a as amended by chapter 662 of the laws
of 1988, subdivision c as amended by section 143 of subpart B of part C
of chapter 62 of the laws of 2011 and subdivision d as added by chapter
890 of the laws of 1976, are amended to read as follows:
a. The normal service retirement benefit specified in section five
hundred four OF THIS ARTICLE shall be payable to general members, other
than elective members, who have met the minimum service requirements
upon retirement and attainment of age sixty-two, provided, however, a
general member who is a peace officer employed by the unified court
system or a member of a teachers' retirement system may retire without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service. FOR MEMBERS WHO BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, THE NORMAL SERVICE RETIREMENT BENEFITS SPECIFIED IN SECTION FIVE
HUNDRED FOUR OF THIS ARTICLE SHALL BE PAYABLE TO GENERAL MEMBERS, OTHER
THAN ELECTIVE MEMBERS, WHO HAVE MET THE MINIMUM SERVICE REQUIREMENTS
UPON RETIREMENT AND ATTAINMENT OF AGE SIXTY-FIVE.
c. A general member shall be eligible for early service retirement at
age fifty-five with five years of credited service. A general member in
the uniformed correction force of the New York city department of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion c of section five hundred four-b of this article or subdivision c
of section five hundred four-d of this article, or a general member in
the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision, as defined in
subdivision i of section eighty-nine of this chapter or serving in
institutions who is also in a title defined in such subdivision and who
has made an election pursuant to the provisions of article seventeen of
this chapter, shall also be eligible for early service retirement after
twenty-five years of credited service, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION A OF THIS SECTION SHALL
NOT APPLY TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER.
d. The normal service retirement benefit specified in section five
hundred five OF THIS ARTICLE shall be paid to police/fire members, NEW
YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS without regard to age upon retirement
after twenty-two years of service. Early service retirement shall be
permitted upon retirement after twenty years of credited service or
attainment of age sixty-two, PROVIDED, HOWEVER, THAT NEW YORK CITY
POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
S. 6255 22 A. 9055
MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR SERVICE PRIOR TO THE ATTAIN-
MENT OF TWENTY YEARS OF CREDITED SERVICE.
S 8. Subdivisions a, c and d of section 504 of the retirement and
social security law, subdivision a as added by chapter 890 of the laws
of 1976, subdivision c as amended by section 3 of part B of chapter 504
of the laws of 2009 and subdivision d as amended by section 144 of
subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
a. The service retirement benefit for general members at normal
retirement age with twenty or more years of credited service shall be a
pension equal to one-fiftieth of final average salary times years of
credited service, not in excess of thirty years, less fifty percent of
the primary social security retirement benefit as provided in section
five hundred eleven OF THIS ARTICLE. THE SERVICE RETIREMENT BENEFIT FOR
GENERAL MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE AT NORMAL RETIREMENT AGE SHALL BE A PENSION EQUAL TO ONE-SIXTIETH
OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, NOT IN EXCESS
OF THIRTY YEARS.
c. The early service retirement benefit for general members, except
for general members whose early retirement benefit is specified in
subdivision d of this section, shall be the service retirement benefit
specified in subdivision a or b of this section, as the case may be,
without social security offset, reduced by one-fifteenth for each of the
first two years by which early retirement precedes age sixty-two, plus a
further reduction of: (1) one-thirtieth; or (2) one-twentieth for
members who first join the New York state and local employees' retire-
ment system on or after January first, two thousand ten, for each year
by which early retirement precedes age sixty. At age sixty-two, the
benefit shall be reduced by fifty percent of the primary social security
retirement benefit, as provided in section five hundred eleven of this
article. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS
WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
d. The early service retirement benefit for general members in the
uniformed correction force of the New York city department of
correction, who are not entitled to an early service retirement benefit
pursuant to subdivision c of section five hundred four-a of this article
or subdivision c of section five hundred four-b of this article or
subdivision c of section five hundred four-d of this article, or for
general members in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as defined in subdivision i of section eighty-nine of this chapter,
shall be a pension equal to one-fiftieth of final average salary times
years of credited service at the completion of twenty-five years of
service, but not in excess of fifty percent of final average salary,
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
S 9. Subdivision b of section 504-a of the retirement and social secu-
rity law is amended by adding a new paragraph 4-a to read as follows:
4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
S. 6255 23 A. 9055
S 10. Subdivision b of section 504-b of the retirement and social
security law is amended by adding a new paragraph 4-a to read as
follows:
4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM FOR CAPTAINS AND ABOVE.
S 11. Subdivision b of section 504-d of the retirement and social
security law is amended by adding a new paragraph 1-a to read as
follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
S 12. Section 505 of the retirement and social security law, as added
by chapter 890 of the laws of 1976, is amended to read as follows:
S 505. Service retirement benefits; police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS. a. The normal service retirement benefit for
police/fire members, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS at normal
retirement age shall be a pension equal to fifty percent of final aver-
age salary, less fifty percent of the primary social security retirement
benefit commencing at age sixty-two, as provided in section five hundred
eleven OF THIS ARTICLE.
b. The early service retirement benefit for police/fire members, NEW
YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS shall be a pension equal to two and
one-tenths percent of final average salary times years of credited
service at the completion of twenty years of service or upon attainment
of age sixty-two, increased by one-third of one percent of final average
salary for each month of service in excess of twenty years, but not in
excess of fifty percent of final average salary, less fifty percent of
the primary social security retirement benefit commencing at age sixty-
two as provided in section five hundred eleven OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS,
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR
SERVICE PRIOR TO THE ATTAINMENT OF TWENTY YEARS OF CREDITED SERVICE.
c. A police/fire member, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER who retires with twenty-two years of credited service or
less may become eligible for annual escalation of the service retirement
benefit if he elects to have the payment of his benefit commence on the
date he would have completed twenty-two years and one month or more of
service. In such event, the service retirement benefit shall equal two
percent of final average salary for each year of credited service, less
fifty percent of the primary social security retirement benefit commenc-
ing at age sixty-two as provided in section five hundred eleven OF THIS
ARTICLE.
S 13. Subdivisions b and c of section 507 of the retirement and social
security law, subdivision b as amended by chapter 489 of the laws of
2008 and subdivision c as amended by chapter 513 of the laws of 2010,
are amended to read as follows:
S. 6255 24 A. 9055
b. A police/fire member in active service, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER IN ACTIVE SERVICE OR AN INVES-
TIGATOR REVISED PLAN MEMBER IN ACTIVE SERVICE, or a vested member inca-
pacitated as the result of a qualifying World Trade Center condition as
defined in section two of this chapter, who is not eligible for a normal
service retirement benefit shall be eligible for the accidental disabil-
ity benefit either as provided in subdivision a OF THIS SECTION or if
such member is physically or mentally incapacitated for performance of
duty as the natural and proximate result of an accident sustained in
such active service and not caused by such member's own willful negli-
gence.
c. In the case of a member of a retirement system other than the New
York state and local employees' retirement system, the New York state
teachers' retirement system, the New York city employees' retirement
system, the New York city board of education retirement system or the
New York city teachers' retirement system, OR IN THE CASE OF A MEMBER OF
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER, the accidental disability benefit hereunder shall
be a pension equal to two percent of final average salary times years of
credited service which such member would have attained if employment had
continued until such member's full escalation date, not in excess of the
maximum years of service creditable for the normal service retirement
benefit, less (i) fifty percent of the primary social security disabili-
ty benefit, if any, as provided in section five hundred eleven of this
article, and (ii) one hundred percent of any workers' compensation bene-
fits payable.
In the case of a member of the New York state and local employees'
retirement system, the New York state teachers' retirement system, the
New York city employees' retirement system (OTHER THAN A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER), the New York city board of education retirement
system or the New York city teachers' retirement system, the accidental
disability benefit hereunder shall be a pension equal to sixty percent
of final average salary, less (i) fifty percent of the primary social
security disability benefit, if any, as provided in section five hundred
eleven of this article, and (ii) one hundred percent of any workers'
compensation benefits payable. In the event a disability retiree from
any retirement system is not eligible for the primary social security
disability benefit and continues to be eligible for disability benefits
hereunder, such disability benefit shall be reduced by one-half of such
retiree's primary social security retirement benefit, commencing at age
sixty-two, in the same manner as provided for service retirement bene-
fits under section five hundred eleven of this article.
S 14. The opening paragraph of subdivision a of section 507-a of the
retirement and social security law, as amended by section 145 of subpart
B of part C of chapter 62 of the laws of 2011, is amended to read as
follows:
[Application] SUBJECT TO THE PROVISIONS OF SUBDIVISION E OF THIS
SECTION, APPLICATION for a disability retirement allowance for a member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision of New York state as
defined in subdivision i of section eighty-nine of this chapter or for a
member serving in institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the provisions of
S. 6255 25 A. 9055
article seventeen of this chapter or the New York city department of
correction may be made by:
S 15. Section 507-a of the retirement and social security law is
amended by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING THE PRECEDING SUBDIVISIONS OF THIS SECTION TO THE
CONTRARY, THIS SECTION SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED
FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
S 16. Subdivision a of section 507-c of the retirement and social
security law, as added by chapter 622 of the laws of 1997, is amended to
read as follows:
a. Any member in the uniformed personnel in institutions under the
jurisdiction of the New York city department of correction, who becomes
physically or mentally incapacitated for the performance of duties as
the natural and proximate result of an injury, sustained in the perform-
ance or discharge of his or her duties by, or as a natural and proximate
result of, an act of any inmate or any person confined in an institution
under the jurisdiction of the department of correction or the department
of health, or by any person who has been committed to such institution
by any court shall be paid a performance of duty disability retirement
allowance equal to three-quarters of final average salary, subject to
the provisions of section 13-176 of the administrative code of the city
of New York, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION
SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY
DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 17. Subdivision b of section 508 of the retirement and social secu-
rity law, as amended by chapter 601 of the laws of 1997, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a policeman, fireman, correction officer, INVESTIGATOR
REVISED PLAN MEMBER or sanitation man and is in a plan which permits
immediate retirement upon completion of a specified period of service
without regard to age or who is subject to the provisions of section
five hundred four or five hundred five of this article, shall upon
completion of ninety days of service be covered for financial protection
in the event of death in service pursuant to this subdivision. Such
death benefit shall be equal to three times the member's salary raised
to the next highest multiple of one thousand dollars, but in no event
shall it exceed three times the maximum salary specified in section one
hundred thirty of the civil service law or, in the case of a member of a
retirement system other than the New York city employees' retirement
system, OR IN THE CASE OF A MEMBER OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM WHO IS A NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, the specific
limitations specified for age of entrance into service contained in
subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
a of this section.
S 18. Paragraph 2 of subdivision b of section 510 of the retirement
and social security law, as added by chapter 890 of the laws of 1976, is
amended to read as follows:
2. The first day of the month following the date on which a member
completes or would have completed twenty-five years of credited service,
with respect to service retirement benefits for police/fire members and
their beneficiaries, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
S. 6255 26 A. 9055
REVISED PLAN MEMBERS AND THEIR BENEFICIARIES OR INVESTIGATOR REVISED
PLAN MEMBERS AND THEIR BENEFICIARIES.
S 19. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by section 147 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
f. This section shall not apply to general members in the uniformed
correction force of the New York city department of correction or to
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section eighty-nine of this chapter, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 20. Section 512 of the retirement and social security law, as
amended by chapter 379 of the laws of 1986, subdivisions b and c as
amended by chapter 286 of the laws of 2010 and subdivision d as added by
chapter 749 of the laws of 1992, is amended to read as follows:
S 512. Final average salary. a. A member's final average salary shall
be the average wages earned by such a member during any three consec-
utive years which provide the highest average wage; provided, however,
if the wages earned during any year included in the period used to
determine final average salary exceeds that of the average of the previ-
ous two years by more than ten percent, the amount in excess of ten
percent shall be excluded from the computation of final average salary.
[Where] NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, OR FOR A NEW YORK CITY POLICE/FIRE REVISED PLAN
MEMBER, A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, A MEMBER'S FINAL AVERAGE
SALARY SHALL BE THE AVERAGE WAGES EARNED BY SUCH A MEMBER DURING ANY
FIVE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE; PROVIDED,
HOWEVER, IF THE WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD USED
TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THAT OF THE AVERAGE OF THE
PREVIOUS FOUR YEARS BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE
SALARY. IN DETERMINING FINAL AVERAGE SALARY PURSUANT TO ANY PROVISION OF
THIS SUBDIVISION, WHERE the period used to determine final average sala-
ry is the period which immediately precedes the date of retirement, any
month or months (not in excess of twelve) which would otherwise be
included in computing final average salary but during which the member
was on authorized leave of absence at partial pay or without pay shall
be excluded from the computation of final average salary and the month
or an equal number of months immediately preceding such period shall be
substituted in lieu thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members of the New York state employees' retirement
system WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE, the New
York state and local police and fire retirement system and the New York
city teachers' retirement system, a member's final average salary shall
be equal to one-third of the highest total wages earned during any
continuous period of employment for which the member was credited with
three years of service credit; provided, however, if the wages earned
during any year of credited service included the period used to deter-
mine final average salary exceeds the average of the wages of the previ-
S. 6255 27 A. 9055
ous two years of credited service by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. FOR MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, WITH RESPECT TO MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM, A MEMBER'S FINAL AVERAGE SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED DURING ANY
CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH
FIVE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED
DURING ANY YEAR OF CREDITED SERVICE INCLUDED THE PERIOD USED TO DETER-
MINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVI-
OUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT PERCENT, THE
AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION
OF FINAL AVERAGE SALARY.
c. Notwithstanding the provisions of subdivisions a and b of this
section, the final average salary of an employee who has been a member
of the New York city employees' retirement system (OTHER THAN A NEW YORK
CITY CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER) or the New York city teachers' retirement system
for less than one year shall be the projected one year salary, with the
calculation based upon a twelve month projection of the sums earned in
the portion of the year worked. If a member has been employed for more
than one year but less than two years, then the member's final average
salary shall be the average of the first year and projected second year
earnings based upon the calculation above, and if more than two years,
but less than three years, then one-third the total of the first two
years of employment plus the projected third year's earnings, calculated
as indicated above.
d. Subject to the provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of this section, with
respect to members of the New York city employees' retirement system
(OTHER THAN A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER) and the New York city
board of education retirement system who are subject to the provisions
of this article, a member's final average salary shall be determined
pursuant to the provisions of paragraph thirteen of subdivision e of
section 13-638.4 of the administrative code of the city of New York.
S 21. Subdivision h of section 513 of the retirement and social secu-
rity law, as added by chapter 477 of the laws of 2005, is amended to
read as follows:
h. Notwithstanding any other provision of this section, any general
member in the uniformed correction force of the New York city department
of [corrections] CORRECTION who is absent without pay for a child care
leave of absence pursuant to regulations of the New York city department
of [corrections] CORRECTION shall be eligible for credit for such period
of child care leave provided such member files a claim for such service
credit with the retirement system by December thirty-first, two thousand
five or within ninety days of the termination of the child care leave,
whichever is later, and contributes to the retirement system an amount
which such member would have contributed during the period of such child
care leave, together with interest thereon. Service credit provided
pursuant to this subdivision shall not exceed one year of credit for
each period of authorized child care leave. In the event there is a
conflict between the provisions of this subdivision and the provisions
of any other law or code to the contrary, the provisions of this subdi-
vision shall govern, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
S. 6255 28 A. 9055
SUBDIVISION SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE
NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 22. Section 513 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEW
YORK CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT RECEIVE SERVICE CREDIT FOR ANY UNDOCUMENTED SICK LEAVE
THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
S 23. Subdivisions a, c and d of section 516 of the retirement and
social security law, subdivision a as amended by section 4 of part B of
chapter 504 of the laws of 2009, subdivision c as added by chapter 890
of the laws of 1976 and subdivision d as amended by section 148 of
subpart B of part C of chapter 62 of the laws of 2011, are amended and a
new subdivision e is added to read as follows:
a. A member who has five or more years of credited service or ten or
more years of credited service for members who first join the New York
state and local employees' retirement system on or after January first,
two thousand ten upon termination of employment shall be entitled to a
deferred vested benefit as provided herein. FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, OR FOR NEW YORK
CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS OR INVESTIGATOR REVISED PLAN
MEMBERS, A MEMBER WHO HAS TWELVE OR MORE YEARS OF CREDITED SERVICE UPON
TERMINATION OF EMPLOYMENT SHALL BE ENTITLED TO A DEFERRED VESTED BENEFIT
AS PROVIDED HEREIN.
c. 1. The deferred vested benefit of police/fire members WHO ARE NOT
NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS shall be a pension
commencing at early retirement age equal to two and one-tenths percent
of final average salary times years of credited service, less fifty
percent of the primary social security retirement benefit commencing at
age sixty-two, as provided in section five hundred eleven OF THIS ARTI-
CLE. A police/fire member WHO IS NOT A NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBER may elect to receive his vested benefit commencing at early
retirement age or age fifty-five. If the vested benefit commences before
early retirement age, the benefit shall be reduced by one-fifteenth for
each year, if any, that the member's early retirement age is in excess
of age sixty, and by one-thirtieth for each additional year by which the
vested benefit commences prior to early retirement age. If such vested
benefit is deferred until after such member's normal retirement age, the
benefit shall be computed and subject to annual escalation in the same
manner as provided for an early retirement benefit pursuant to subdivi-
sion c of section five hundred five of this article.
2. THE DEFERRED VESTED BENEFIT OF NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS SHALL BE A PENSION
COMMENCING AT AGE SIXTY-FIVE EQUAL TO TWO AND ONE-TENTH PERCENT OF FINAL
AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, LESS FIFTY PERCENT OF
THE PRIMARY SOCIAL SECURITY RETIREMENT BENEFIT COMMENCING AT AGE SIXTY-
TWO, AS PROVIDED IN SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE.
d. The deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision d of section
S. 6255 29 A. 9055
five hundred four-b of this article or under subdivision d of section
five hundred four-d of this article, or of general members in the
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision, as defined in
subdivision i of section eighty-nine of this chapter, with twenty or
more years of credited service shall be a pension commencing at normal
retirement age equal to one-fiftieth, OR ONE-SIXTIETH FOR MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, of final aver-
age salary times years of credited service, not in excess of thirty
years. The deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision d of section
five hundred four-b of this article or under subdivision d of section
five hundred four-d of this article, or of general members in the
uniformed personnel in institutions under jurisdiction of the department
of corrections and community supervision, as defined in subdivision i of
section eighty-nine of this chapter, with less than twenty years of
credited service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times years of credited
service. Such deferred vested benefit may be paid in the form of an
early service retirement benefit, or may be postponed until after normal
retirement age, in which event the benefit will be subject to reduction
or escalation as provided in subdivision c of section five hundred four
of this article. MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE SHALL NOT BE ENTITLED TO SUCH EARLY SERVICE RETIREMENT
BENEFIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A MEMBER OF THE
UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
E. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
S 24. Subdivision a of section 517 of the retirement and social secu-
rity law, as added by chapter 890 of the laws of 1976, is amended to
read as follows:
a. Members shall contribute three percent of annual wages to the
retirement system in which they have membership, provided that such
contributions shall not be required for more than thirty years, for
general members, or twenty-five years, for police/fire members, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN THIRTY-TWO THOUSAND AND ONE DOLLAR PER ANNUM AND SIXTY-THREE
THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL
WAGES, AND MEMBERS WITH WAGES ABOVE SIXTY-THREE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF
FORTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND
AND ONE DOLLAR PER ANNUM AND EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM
S. 6255 30 A. 9055
SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES
ABOVE EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX
PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK CITY POLICE PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF SIXTY-ONE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN SIXTY-ONE THOUSAND AND ONE DOLLAR PER ANNUM AND ONE HUNDRED
TWENTY-TWO THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF
ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR
MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT
PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH
WAGES OF SIXTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE
FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN SIXTY-THREE
THOUSAND AND ONE DOLLAR PER ANNUM AND ONE HUNDRED TWENTY-SIX THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND
MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-SIX THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES, PROVIDED, HOWEVER,
THAT NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS SHALL NOT BE REQUIRED TO MAKE SUCH CONTRIBUTIONS
FOR MORE THAN TWENTY-FIVE YEARS. The head of each retirement system
shall promulgate such regulations as may be necessary and appropriate
with respect to the deduction of such contribution from members' wages
and for the maintenance of any special fund or funds with respect to
amounts so contributed.
S 25. Subdivision b of section 517-c of the retirement and social
security law, as amended by chapter 171 of the laws of 2011, is amended
to read as follows:
b. A member of the New York state and local employees' retirement
system, the New York state and local police and fire retirement system,
the New York city employees' retirement system or the New York city
board of education retirement system in active service who has credit
for at least one year of member service may borrow, no more than once
during each twelve month period, an amount not exceeding seventy-five
percent of the total contributions made pursuant to section five hundred
seventeen OF THIS ARTICLE (including interest credited at the rate set
forth in subdivision c of such section five hundred seventeen compounded
annually) and not less than one thousand dollars, PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER.
S 26. The retirement and social security law is amended by adding a
new section 517-d to read as follows:
S 517-D. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
S. 6255 31 A. 9055
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT TO SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
C. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
D. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
E. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO FIRST BECAME
MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE
EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF
NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDG-
ET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIB-
UTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE
DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETERMINED
BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF
THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
S. 6255 32 A. 9055
F. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO FIRST BECAME
MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE IS
BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW
YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDGET,
THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS OF THIS CHAP-
TER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE
DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
G. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
H. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
S 27. Paragraphs 4 and 5 of subdivision a of section 600 of the
retirement and social security law, as amended by chapter 370 of the
laws of 1996, are amended and a new paragraph 6 is added to read as
follows:
4. Members qualified for participation in the uniformed transit police
force plan or housing police force plan in the New York city employees'
retirement [systems] SYSTEM; [and]
5. Investigator [member] MEMBERS of the New York city employees'
retirement system[.]; AND
6. MEMBERS OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION WHO JOIN OR REJOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S. 6255 33 A. 9055
S 28. Subdivision l of section 601 of the retirement and social secu-
rity law, as amended by section 5 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
l. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, except that for members who first join the
New York state and local employees' retirement system or the New York
state teachers' retirement system on or after January first, two thou-
sand ten, overtime compensation paid in any year in excess of the over-
time ceiling, as defined by this subdivision, shall not be included in
the definition of wages. "Overtime compensation" shall mean, for
purposes of this section, compensation paid under any law or policy
under which employees are paid at a rate greater than their standard
rate for additional hours worked beyond those required, including
compensation paid under section one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by three per cent each
year thereafter. FOR MEMBERS WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM
OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE FOLLOWING
ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: 1. OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, 2. WAGES IN
EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, 3. LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, 4. ANY FORM OF TERMINATION PAY, AND 5. ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S 29. Section 601 of the retirement and social security law is amended
by adding a new subdivision m to read as follows:
M. "NEW YORK CITY REVISED PLAN MEMBER" SHALL MEAN A MEMBER OF THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM OR THE BOARD OF EDUCATION RETIREMENT SYSTEM OF THE
CITY OF NEW YORK WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 30. Subdivisions a, b and b-1 of section 602 of the retirement and
social security law, subdivisions a and b as separately amended by
section 6 of part B and section 1 of part C of chapter 504 of the laws
of 2009 and subdivision b-1 as added by section 2 of part C of chapter
504 of the laws of 2009, are amended to read as follows:
a. Except as provided in subdivision b-1 of this section, a member who
first joins a public retirement system of this state on or after July
first, nineteen hundred seventy-six shall not be eligible for service
retirement benefits hereunder until such member has rendered a minimum
of five years of credited service, except that a member who first joins
the New York state and local employees' retirement system or the New
York state teachers' retirement system on or after January first, two
thousand ten shall not be eligible for service retirement benefits
pursuant to this article until such member has rendered a minimum of ten
years of credited service. A MEMBER WHO FIRST BECOMES A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSU-
ANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE
YEARS OF CREDITED SERVICE.
S. 6255 34 A. 9055
b. Except as provided in subdivision b-1 of this section, a member who
previously was a member of a public retirement system of this state
shall not be eligible for service retirement benefits hereunder until
such member has rendered a minimum of five years of service which is
credited pursuant to section six hundred nine of this article. A member
who first joins the New York state and local employees' retirement
system or the New York state teachers' retirement system on or after
January first, two thousand ten shall not be eligible for service
retirement benefits pursuant to this article until such member has
rendered a minimum of ten years of credited service. A MEMBER WHO FIRST
BECOMES A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE
RETIREMENT BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS
RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
b-1. Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, (i) a member of
the New York city teachers' retirement system who holds a position
represented by the recognized teacher organization for collective
bargaining purposes, and who became subject to the provisions of this
article after the effective date of this subdivision, or (ii) a member
of the New York city board of education retirement system who holds a
position represented by the recognized teacher organization for collec-
tive bargaining purposes, and who became subject to the provisions of
this article after the effective date of this subdivision, shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of ten years of credited service, PROVIDED, HOWEVER,
THAT NO SUCH MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO IS A NEW
YORK CITY REVISED PLAN MEMBER SHALL BE ELIGIBLE FOR SERVICE RETIREMENT
BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINI-
MUM OF TWELVE YEARS OF CREDITED SERVICE.
S 31. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 7 of part B of chapter 504 of the laws
of 2009, is amended and a new subdivision a-1 is added to read as
follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article, provided, however, a member of a teachers' retirement system or
the New York state and local employees' retirement system who first
joins such system before January first, two thousand ten or a member who
is a uniformed court officer or peace officer employed by the unified
court system WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE may
retire without reduction of his or her retirement benefit upon attain-
ment of at least fifty-five years of age and completion of thirty or
more years of service, provided, however, that a uniformed court officer
or peace officer employed by the unified court system who first becomes
a member of the New York state and local employees' retirement system on
S. 6255 35 A. 9055
or after January first, two thousand ten and retires without reduction
of his or her retirement benefit upon attainment of at least fifty-five
years of age and completion of thirty or more years of service pursuant
to this section shall be required to make the member contributions
required by subdivision f of section six hundred thirteen of this arti-
cle for all years of credited and creditable service, PROVIDED FURTHER
THAT THE THE PRECEDING PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO
A NEW YORK CITY REVISED PLAN MEMBER.
A-1. FOR MEMBERS WHO FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE
SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED FOUR OF THIS
ARTICLE SHALL BE PAYABLE TO MEMBERS WHO HAVE MET THE MINIMUM SERVICE
REQUIREMENTS UPON RETIREMENT AND HAVE ATTAINED AGE SIXTY-FIVE.
S 32. Subdivision i of section 603 of the retirement and social secu-
rity law, as amended by section 8 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
i. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS WHO
FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE. 1. A member of a teachers'
retirement system or the New York state and local employees' retirement
system who has met the minimum service requirements but who has less
than thirty years of credited service or a member who first joins the
New York state and local employees' retirement system or the New York
state teachers' retirement system on or after January first, two thou-
sand ten may retire prior to normal retirement age, but no earlier than
attainment of age fifty-five, in which event, unless such person is a
member of the New York city teachers' retirement system who is otherwise
eligible for early service retirement pursuant to subdivision c of
section six hundred four-i of this article, the amount of his or her
retirement benefit otherwise computed without optional modification
shall be reduced in accordance with the following schedule: (i) for
each of the first twenty-four full months that retirement predates age
sixty-two, one-half of one per centum per month; provided, however, that
for members who first join the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-fifteenth per year; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month; provided, however, that for members who
first join the New York state and local employees' retirement system or
the New York state teachers' retirement system on or after January
first, two thousand ten, such amounts shall be equal to one-twentieth
per year, but in no event shall retirement be permitted prior to attain-
ment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
S. 6255 36 A. 9055
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
S 33. Subdivision t of section 603 of the retirement and social secu-
rity law, as added by section 8-a of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this subdivi-
sion shall be required to make the member contributions required by
subdivision g of section six hundred thirteen of this article for all
years of credited and creditable service. THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT APPLY TO MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE.
S 34. Section 604 of the retirement and social security law is amended
by adding a new subdivision b-1 to read as follows:
B-1. THE SERVICE RETIREMENT BENEFIT FOR MEMBERS WHO FIRST BECOME A
MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE AT AGE SIXTY-FIVE SHALL BE A PENSION EQUAL TO
ONE-SIXTIETH OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE,
NOT IN EXCESS OF THIRTY YEARS. CREDITED SERVICE IN EXCESS OF THIRTY
YEARS SHALL PROVIDE AN ADDITIONAL RETIREMENT ALLOWANCE EQUAL TO THREE
TWO-HUNDREDTHS OF THE FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITED
SERVICE IN EXCESS OF THIRTY YEARS. IN NO EVENT SHALL ANY RETIREMENT
BENEFIT PAYABLE WITHOUT OPTIONAL MODIFICATION BE LESS THAN THE ACTUARI-
ALLY EQUIVALENT ANNUITIZED VALUE OF THE MEMBER'S CONTRIBUTIONS ACCUMU-
LATED WITH INTEREST AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE
DATE OF RETIREMENT.
S 35. Paragraph 1 of subdivision d of section 604-b of the retirement
and social security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
1. A participant in the twenty-five-year and age fifty-five retirement
program who:
(i) discontinues city-service and service as a member of the New York
city transit authority other than by death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less than
twenty-five years of allowable service in the transit authority OR, IN
THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
HAS COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF ALLOWABLE
SERVICE IN THE TRANSIT AUTHORITY PRIOR TO SUCH DISCONTINUANCE; and
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest, if any, required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
S. 6255 37 A. 9055
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen of this article; shall be entitled to
receive a deferred vested benefit as provided in section six hundred
twelve of this article.
S 36. Subparagraph (ii) of paragraph 3 of subdivision d of section
604-b of the retirement and social security law, as added by chapter 352
of the laws of 1997, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 37. Subdivision b of section 604-c of the retirement and social
security law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE TWENTY-FIVE-YEAR EARLY RETIRE-
MENT PROGRAM.
S 38. Paragraph 1 of subdivision d of section 604-c of the retirement
and social security law, as amended by chapter 659 of the laws of 1999,
is amended to read as follows:
1. A participant in the twenty-year/age fifty retirement program who:
(i) discontinues service as a Triborough bridge and tunnel member,
other than by death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less than
twenty years of credited service OR, IN THE CASE OF A PARTICIPANT WHO IS
A NEW YORK CITY REVISED PLAN MEMBER, HAS COMPLETED TWELVE BUT LESS THAN
TWENTY YEARS OF CREDITED SERVICE; and
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 39. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-c of the retirement and social security law, as added by chapter 472
of the laws of 1995, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 40. Subdivision c of section 604-d of the retirement and social
security law is amended by adding a new paragraph 3-a to read as
follows:
3-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
S. 6255 38 A. 9055
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE AGE FIFTY-SEVEN RETIREMENT
PROGRAM.
S 41. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 576 of the laws of 2000, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a dispatcher member OR,
IN THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE AS A DISPATCHER MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 42. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 576
of the laws of 2000, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 43. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as an EMT member OR, IN THE
CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO
PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE
YEARS OF ALLOWABLE SERVICE AS AN EMT MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S. 6255 39 A. 9055
S 44. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 577
of the laws of 2000, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 45. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 559 of the laws of 2001, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 46. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 559
of the laws of 2001, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 47. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 582 of the laws of 2001, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a special officer, park-
ing control specialist, school safety agent, campus peace officer or
taxi and limousine inspector member OR, IN THE CASE OF A PARTICIPANT WHO
IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH DISCONTIN-
UANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF ALLOWABLE
SERVICE AS A SPECIAL OFFICER, PARKING CONTROL SPECIALIST, SCHOOL SAFETY
AGENT, CAMPUS PEACE OFFICER OR TAXI AND LIMOUSINE INSPECTOR MEMBER; and
S. 6255 40 A. 9055
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest, if any, required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 48. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 582
of the laws of 2001, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 49. Paragraph 1 of subdivision d of section 604-g of the retirement
and social security law, as added by chapter 414 of the laws of 2002, is
amended to read as follows:
1. A participant in the twenty-five year/age fifty retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 50. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-g of the retirement and social security law, as added by chapter 414
of the laws of 2002, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 51. Paragraph 1 of subdivision d of section 604-h of the retirement
and social security law, as added by chapter 682 of the laws of 2003, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
S. 6255 41 A. 9055
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 52. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-h of the retirement and social security law, as added by chapter 682
of the laws of 2003, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 53. Subdivision b of section 604-i of the retirement and social
security law is amended by adding a new paragraph 5-a to read as
follows:
5-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE AGE FIFTY-FIVE RETIREMENT
PROGRAM.
S 54. Subdivisions a, b, c and d of section 608 of the retirement and
social security law, subdivision a as amended by chapter 379 of the laws
of 1986, subdivisions b and c as amended by chapter 286 of the laws of
2010 and subdivision d as added by chapter 749 of the laws of 1992, are
amended to read as follows:
a. [A] FOR MEMBERS WHO FIRST BECOME MEMBERS OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE BEFORE APRIL FIRST, TWO THOUSAND TWELVE, A member's
final average salary shall be the average wages earned by such a member
during any three consecutive years which provide the highest average
wage; provided, however, if the wages earned during any year included in
the period used to determine final average salary exceeds that of the
average of the previous two years by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, A MEMBER'S FINAL AVERAGE SALARY SHALL BE THE AVERAGE WAGES
EARNED BY SUCH MEMBER DURING ANY FIVE CONSECUTIVE YEARS WHICH PROVIDE
THE HIGHEST AVERAGE WAGE; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING
ANY YEAR INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE SALARY
EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS FOUR YEARS BY MORE THAN
EIGHT PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED
FROM THE COMPUTATION OF FINAL AVERAGE SALARY. Where the period used to
S. 6255 42 A. 9055
determine final average salary is the period which immediately precedes
the date of retirement, any month or months (not in excess of twelve)
which would otherwise be included in computing final average salary but
during which the member was on authorized leave of absence at partial
pay or without pay shall be excluded from the computation of final aver-
age salary and the month or an equal number of months immediately
preceding such period shall be substituted in lieu thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members WHO FIRST BECAME MEMBERS of the New York state
AND LOCAL employees' retirement system and the New York city teachers'
retirement system BEFORE APRIL FIRST, TWO THOUSAND TWELVE, a member's
final average salary shall be equal to one-third of the highest total
wages earned by such member during any continuous period of employment
for which the member was credited with three years of service credit;
provided, however, if the wages earned during any year of credited
service included in the period used to determine final average salary
exceeds the average of the wages of the previous two years of credited
service by more than ten percent, the amount in excess of ten percent
shall be excluded from the computation of final average salary. WITH
RESPECT TO MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, A
MEMBER'S FINAL AVERAGE SALARY SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST
TOTAL WAGES EARNED BY SUCH MEMBER DURING ANY CONTINUOUS PERIOD OF
EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH FIVE YEARS OF SERVICE
CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING ANY YEAR OF CRED-
ITED SERVICE INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE
SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVIOUS FOUR YEARS OF
CREDITED SERVICE BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE
SALARY.
c. Notwithstanding the provisions of subdivisions a and b of this
section, the final average salary of an employee who has been a member
of the New York city employees' retirement system or the New York city
teachers' retirement system for less than one year shall be the project-
ed one year salary, with the calculation based upon a twelve month
projection of the sums earned in the portion of the year worked. If a
member has been employed for more than one year but less than two years,
then the member's final average salary shall be the average of the first
year and projected second year earnings based upon the calculation
above, and if more than two years, but less than three years, then one-
third the total of the first two years of employment plus the projected
third year's earnings, calculated as indicated above, PROVIDED THAT THIS
SUBDIVISION SHALL NOT APPLY TO A NEW YORK CITY REVISED PLAN MEMBER OF
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM OR A NEW YORK CITY
REVISED PLAN MEMBER OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.
d. Subject to the provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of this section, with
respect to members of the New York city employees' retirement system and
the New York city board of education retirement system who are subject
to the provisions of this article, a member's final average salary shall
be determined pursuant to the provisions of paragraph fourteen of SUBDI-
VISION E OF section 13-638.4 of the administrative code of the city of
New York, PROVIDED, HOWEVER, THAT THE APPLICABLE PROVISIONS AND LIMITA-
TIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION SIX
S. 6255 43 A. 9055
HUNDRED ONE OF THIS ARTICLE, SHALL APPLY TO SUCH DETERMINATIONS OF FINAL
AVERAGE SALARY.
S 55. Paragraph 2 of subdivision b of section 609 of the retirement
and social security law, as amended by section 8-c of part B of chapter
504 of the laws of 2009, is amended to read as follows:
2. Previous service credit shall not be granted unless such member
applies therefor and repays the amount refunded by a public retirement
system of the state for service rendered after July first, nineteen
hundred seventy-six together with interest through the date of repayment
at the rate of five percent per annum compounded annually and three
percent of the wages earned for service prior to that date together with
interest from July first, nineteen hundred seventy-six through the date
of payment at the rate of five percent per annum compounded annually and
three percent of the wages earned for service which predates the date of
entry into the retirement system together with interest at the rate of
five percent per annum compounded annually from the date of such service
until the date of payment. Anything in this paragraph to the contrary
notwithstanding, in order to obtain credit for previous service, members
who first join the New York state teachers' retirement system on or
after January first, two thousand ten shall pay three and one-half
percent of wages earned for service which predates the date of entry
into the retirement system together with interest at the rate of five
percent per annum compounded annually from the date of such service
until the date of payment. ANYTHING IN THIS PARAGRAPH TO THE CONTRARY
NOTWITHSTANDING, IN ORDER TO OBTAIN CREDIT FOR PREVIOUS SERVICE, MEMBERS
WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE SHALL PAY SIX PERCENT OF WAGES EARNED FOR
SERVICE WHICH PREDATES THE DATE OF ENTRY INTO THE RETIREMENT SYSTEM
TOGETHER WITH INTEREST AT THE RATE OF FIVE PERCENT PER ANNUM COMPOUNDED
ANNUALLY FROM THE DATE OF SUCH SERVICE UNTIL THE DATE OF PAYMENT.
S 56. Section 609 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NEW
YORK CITY REVISED PLAN MEMBER SHALL NOT RECEIVE SERVICE CREDIT FOR ANY
UNDOCUMENTED SICK LEAVE THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
S 57. Subdivisions a and a-1 of section 612 of the retirement and
social security law, subdivision a as separately amended by section 9 of
part B and section 3 of part C of chapter 504 of the laws of 2009 and
subdivision a-1 as added by section 4 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
a. Except as provided in subdivision a-1 of this section, a member who
has five or more years of credited service, or ten or more years of
credited service for a member who first joined the New York state and
local employees' retirement system or the New York state teachers'
retirement system on or after January first, two thousand ten, upon
termination of employment, other than a member who is entitled to a
deferred vested benefit pursuant to any other provision of this article,
shall be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six hundred four
of this article. Except as provided in subdivision a-1 of this section,
a member of a teachers' retirement system or the New York state and
local employees' retirement system who has five or more years of credit-
ed service, or ten or more years of credited service for a member who
first becomes a member of the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, upon termination of employment
S. 6255 44 A. 9055
shall be entitled to a deferred vested benefit prior to normal retire-
ment age, but no earlier than age fifty-five, computed in accordance
with the provisions of subdivision i of section six hundred three of
this article AS AMENDED BY SECTION EIGHT OF PART B OF CHAPTER FIVE
HUNDRED FOUR OF THE LAWS OF TWO THOUSAND NINE. ANYTHING TO THE CONTRARY
NOTWITHSTANDING, A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME A MEMBER OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE MUST HAVE AT LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER
TO QUALIFY FOR A DEFERRED VESTED BENEFIT UNDER THIS SECTION; SUCH MEMBER
SHALL NOT BE ENTITLED TO SUCH BENEFIT PRIOR TO THE MEMBER'S ATTAINMENT
OF AGE SIXTY-FIVE; AND SUCH DEFERRED VESTED BENEFIT SHALL BE COMPUTED
PURSUANT TO SUBDIVISION B-1 OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
a-1. Notwithstanding the provisions of subdivision a of this section
or any other provision of law to the contrary, (i) a member of the New
York city teachers' retirement system who holds a position represented
by the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten or more years of
credited service, or (ii) a member of the New York city board of educa-
tion retirement system who holds a position represented by the recog-
nized teacher organization for collective bargaining purposes, who
became subject to the provisions of this article after the effective
date of this subdivision, and who has ten or more years of credited
service, other than such a member of either of such retirement systems
who is entitled to a deferred vested benefit pursuant to any other
provision of this article, shall, upon termination of employment, be
entitled to a deferred vested benefit at normal retirement age computed
in accordance with the provisions of section six hundred four of this
article. Notwithstanding the provisions of subdivision a of this
section or any other provision of law to the contrary, a member of the
New York city teachers' retirement system who holds a position repres-
ented by the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten or more years of
credited service, shall, upon termination of employment, be entitled to
a deferred vested benefit prior to normal retirement age, but no earlier
than age fifty-five, computed in accordance with the provisions of
subdivision i of section six hundred three of this article, PROVIDED,
HOWEVER, THAT ANY SUCH MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO
IS A NEW YORK CITY REVISED PLAN MEMBER SHALL BE REQUIRED TO HAVE AT
LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER TO BE ELIGIBLE FOR A
DEFERRED VESTED BENEFIT, SUCH MEMBER SHALL NOT BE ENTITLED TO PAYABILITY
OF SUCH BENEFIT PRIOR TO ATTAINMENT OF AGE SIXTY-FIVE AND SUCH DEFERRED
VESTED BENEFIT SHALL BE COMPUTED PURSUANT TO SUBDIVISION B-1 OF SECTION
SIX HUNDRED FOUR OF THIS ARTICLE.
S 58. Paragraphs 1 and 2 of subdivision a and subdivisions c, f and g
of section 613 of the retirement and social security law, paragraph 1 of
subdivision a as amended and paragraph 2 of subdivision a as added by
chapter 10 of the laws of 2000, subdivision c as amended by chapter 389
of the laws of 1998 and subdivisions f and g as added by section 9-a of
part B of chapter 504 of the laws of 2009, are amended to read as
follows:
1. Except as provided by paragraph two of this subdivision, members
shall contribute three percent of annual wages to the retirement system
in which they have membership, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
S. 6255 45 A. 9055
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF THIR-
TY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT
OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND AND ONE
DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF FORTY-THREE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN FORTY-THREE THOUSAND AND ONE DOLLAR PER ANNUM AND EIGHTY-FIVE
THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL
WAGES, AND MEMBERS WITH WAGES ABOVE EIGHTY-FIVE THOUSAND PER ANNUM SHALL
CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF FORTY-SEVEN
THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY SEVEN THOUSAND AND ONE
DOLLAR PER ANNUM AND NINETY-FOUR THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
NINETY-FOUR THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF TWENTY-SIX THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN TWENTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND FIFTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES,
AND MEMBERS WITH WAGES ABOVE FIFTY-TWO THOUSAND PER ANNUM SHALL CONTRIB-
UTE SIX PERCENT OF ANNUAL WAGES. The head of each retirement system
shall promulgate such regulations as may be necessary and appropriate
with respect to the deduction of such contribution from members' wages
and for the maintenance of any special fund or funds with respect to
amounts so contributed.
2. A member of the New York city employees' retirement system who is
eligible to be a participant in the twenty-five-year and age fifty-five
retirement program, as defined by paragraph five of subdivision a of
section six hundred four-b of this article shall contribute two percent
of annual wages to such system effective on the starting date of the
elimination of additional member contributions, as defined in an
election made pursuant to paragraph ten of subdivision e of section six
hundred four-b of this article, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF FORTY-THREE
THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND AND ONE
DOLLAR PER ANNUM AND EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
EIGHTY-FIVE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES.
c. Notwithstanding any other provision of law to the contrary, a
person whose membership in a public retirement system has terminated
other than as a result of transfer, retirement or death, or a member of
a public retirement system who is not vested and not entitled to any
other benefit from such system under this article, and who no longer is
employed by a participating employer of such public retirement system in
a position upon which his or her membership is based, may withdraw his
S. 6255 46 A. 9055
or her member contributions by filing a written demand for withdrawal of
contributions and membership pursuant to rules and regulations promul-
gated by the public retirement system of which he or she is a member.
Upon the death of a person whose membership previously terminated due to
lack of credited service and who did not withdraw his or her member
contributions, or upon the death of a member, provided a death benefit
pursuant to section six hundred seven of this article is not paid, the
member contributions of such person shall be refunded to such person as
he or she shall have nominated to receive a death benefit by written
designation duly executed and filed with the public retirement system
or, in the absence of such designation, to his or her estate. For
purposes of such refunds, interest shall be credited at the rate of five
percent per annum compounded annually to the date of termination of
membership. Provided, however, if a death benefit is paid pursuant to
section six hundred seven of this article, such benefit shall be in lieu
of the refund of such contributions pursuant to this subdivision, howev-
er, in no event shall such death benefit be less than the amount payable
pursuant to this subdivision. Notwithstanding the above, or any other
provision of law to the contrary, a member may, upon separation from
service of the state or a participating employer, withdraw his or her
member contributions pursuant to the applicable provision of law until
such date as such individual has accrued ten years of credited service
in such system. However, the withdrawal of contributions pursuant to
this section by an individual who has accrued at least five years of
creditable service shall terminate his or her membership and all rights
in such retirement system in the same manner as withdrawal of contrib-
utions would terminate the membership of an individual who has not
attained vested status. Nothing in this section shall be construed as
permitting an individual who has accrued at least ten years of credit in
a retirement system to withdraw member contributions, OR TWELVE YEARS OF
CREDIT IN A PUBLIC RETIREMENT SYSTEM OF THE STATE FOR MEMBERS WHO FIRST
BECOME MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE.
f. Anything in subdivision a of this section to the contrary notwith-
standing a member employed as a uniformed court officer or peace officer
in the unified court system who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall contribute four percent of annual wages to the New York state and
local employees' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES
OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND
AND DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. The head of the New York state and local employees' retirement
system shall promulgate such regulations as may be necessary and appro-
priate with respect to the deduction of such contribution from members'
wages and for the maintenance of any special fund or funds with respect
to amounts so contributed.
g. Members who first join the New York state teachers' retirement
system on or after January first, two thousand ten shall contribute
three and one-half percent of annual wages to the New York state teach-
ers' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME MEMBERS
OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL
S. 6255 47 A. 9055
FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF THIRTY-FIVE THOUSAND
DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES,
MEMBERS WITH WAGES BETWEEN THIRTY-FIVE THOUSAND AND ONE DOLLAR PER ANNUM
AND SIXTY-NINE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT
OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE SIXTY-NINE THOUSAND PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. The head of the New
York state teachers' retirement system shall promulgate such regulations
as may be necessary and appropriate with respect to the deduction of
such contribution from members' wages and for the maintenance of any
special fund or funds with respect to amounts so contributed.
S 59. The retirement and social security law is amended by adding a
new section 613-c to read as follows:
S 613-C. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
C. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL BE REQUIRED TO MAKE
ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE
MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE
FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND
SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE
CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION, THE EMPLOYER
CONTRIBUTION RATE TO BE PAID BY EMPLOYERS ON THE SALARIES OF MEMBERS WHO
FIRST BECAME MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL BE REDUCED BY THE
VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
D. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE BY
SUCH EMPLOYEES PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFER-
ENCE OF FOUR PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY
TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
S. 6255 48 A. 9055
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
ON THE SALARIES OF MEMBERS WHO FIRST BECAME MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE
CONTRIBUTIONS.
E. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
F. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
G. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
H. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
S. 6255 49 A. 9055
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
I. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOY-
EE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
J. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOW-
ING FORMULA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET
DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK
STATE DIRECTOR OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED
BY TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
S 60. Section 650 of the retirement and social security law, as
amended by chapter 746 of the laws of 1989, is amended to read as
follows:
S 650. Application. This article shall apply to a member of the New
York city employees' retirement system (i) who holds the position of
bridge and tunnel officer, sergeant or lieutenant with the Triborough
bridge and tunnel authority, and has received or receives an appointment
to at least one such position from a competitive civil service list; or
(ii) who holds the position of assistant bridge and tunnel maintainer,
bridge and tunnel maintainer, senior bridge and tunnel maintainer or
laborer with the Triborough bridge and tunnel authority, PROVIDED,
HOWEVER, THAT THIS ARTICLE SHALL NOT APPLY TO A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF
THIS CHAPTER).
S 61. Paragraphs 1 and 1-a of subdivision b of section 911 of the
retirement and social security law, paragraph 1 as amended by section 5
and paragraph 1-a as added by section 6 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
1. Subject to the provisions of paragraph one-a of this subdivision,
AND EXCEPT AS PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, an eligi-
S. 6255 50 A. 9055
ble member (i) with a date of membership in a retirement system on or
after July twenty-seventh, nineteen hundred seventy-six and (ii) who has
ten or more years of membership or ten or more years of credited service
with a retirement system under the provisions of article fourteen or
fifteen of this chapter shall not be required to contribute to a retire-
ment system pursuant to section five hundred seventeen or six hundred
thirteen of this chapter as of the cessation date.
1-a. Notwithstanding the provisions of paragraph one of this subdivi-
sion or any other provision of law to the contrary, AND EXCEPT AS
PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, a member of the New
York city teachers' retirement system or the New York city board of
education retirement system:
(i) who is a twenty-seven year participant in the age fifty-five
retirement program (as defined in paragraph twelve of subdivision a of
section six hundred four-i of this chapter), and
(ii) who becomes subject to the provisions of article fifteen of this
chapter after the effective date of this paragraph, shall contribute to
a retirement system pursuant to section six hundred thirteen of this
chapter until he or she has completed twenty-seven years of credited
service.
S 62. Subdivision b of section 911 of the retirement and social secu-
rity law is amended by adding a new paragraph 1-b to read as follows:
1-B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER), AN
INVESTIGATOR REVISED PLAN MEMBER (AS DEFINED IN SUBDIVISION TWENTY-SEVEN
OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER) OR A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF
THIS CHAPTER).
S 63. Section 1000 of the retirement and social security law is
amended by adding a new subdivision 10 to read as follows:
10. ANYTHING TO THE CONTRARY IN SUBDIVISION FOUR OF THIS SECTION
NOTWITHSTANDING, TO OBTAIN SUCH CREDIT, A MEMBER WHO FIRST JOINS A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL PAY SUCH RETIREMENT SYSTEM, FOR DEPOSIT IN THE FUND
USED TO ACCUMULATE EMPLOYER CONTRIBUTIONS, A SUM EQUAL TO THE PRODUCT OF
THE NUMBER OF YEARS OF MILITARY SERVICE BEING CLAIMED AND SIX PERCENT OF
SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE MONTHS OF CREDITED
SERVICE IMMEDIATELY PRECEDING THE DATE THAT THE MEMBER MADE APPLICATION
FOR CREDIT PURSUANT TO THIS SECTION.
S 64. Subdivision a of section 1202 of the retirement and social secu-
rity law, as added by section 1 of part A of chapter 504 of the laws of
2009, is amended and a new subdivision c is added to read as follows:
a. In order to qualify for a service retirement benefit, members
subject to the provisions of this article must have a minimum of ten
years of creditable service, EXCEPT THAT A MEMBER WHO FIRST BECOMES A
MEMBER OF THE RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSUANT TO
THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE YEARS OF
CREDITED SERVICE.
C. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
S. 6255 51 A. 9055
S 65. Section 1204 of the retirement and social security law, as added
by section 1 of part A of chapter 504 of the laws of 2009, is amended to
read as follows:
S 1204. Member contributions. Members who are subject to the
provisions of this article shall contribute three percent of annual
wages to the retirement system in which they have membership, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, MEMBERS WITH WAGES OF SIXTY-SIX THOUSAND DOLLARS PER
ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS
WITH WAGES BETWEEN SIXTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND ONE
HUNDRED THIRTY-TWO THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE
PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED THIR-
TY-TWO THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.
Members who are enrolled in a retirement plan that limits the amount of
creditable service a member can accrue shall not be required to make
contributions pursuant to this section after accruing the maximum amount
of service credit allowed by the retirement plan in which they are
enrolled. The state comptroller shall promulgate such regulations as may
be necessary and appropriate with respect to the deduction of such
contribution from members' wages and for the maintenance of any special
fund or funds with respect to amounts so contributed. In no way shall
the member contributions made pursuant to this section be used to
provide for pension increases or annuities of any kind.
S 66. The retirement and social security law is amended by adding a
new section 1208 to read as follows:
S 1208. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE EXCEEDS FOURTEEN PER CENTUM, SUCH
MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF
ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO SECTION TWELVE
HUNDRED FOUR OF THIS ARTICLE IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND FOURTEEN PER CENTUM
DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE
MADE PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE
PAID BY EMPLOYERS SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL
EMPLOYEE CONTRIBUTIONS.
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE IS BELOW TEN PER CENTUM, THE EMPLOYEE CONTRIBUTIONS
MADE PURSUANT TO SECTION TWELVE HUNDRED FOUR OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN NO
EVENT, HOWEVER, SHALL THE EMPLOYEE CONTRIBUTION RATE BE LESS THAN ZERO
PER CENTUM OF WAGES. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE
REDUCED PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO
BE PAID BY EMPLOYERS SHALL INCREASE BY THE VALUE OF THE EMPLOYEE
CONTRIBUTIONS REDUCED PURSUANT TO THIS SUBDIVISION.
S 67. The retirement and social security law is amended by adding a
new section 1209 to read as follows:
S 1209. FINAL AVERAGE SALARY. FOR MEMBERS WHO FIRST BECOME MEMBERS OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, A MEMBER'S FINAL AVERAGE SALARY
S. 6255 52 A. 9055
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED BY SUCH
MEMBER DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF
THE WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE
PERIOD USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE
WAGES OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY. WAGES IN EXCESS OF THE ANNUAL
SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF
THE STATE CONSTITUTION SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL
AVERAGE SALARY FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
S 68. The retirement and social security law is amended by adding a
new section 1210 to read as follows:
S 1210. WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE FOLLOWING ITEMS SHALL NOT BE INCLUDED IN
THE DEFINITION OF WAGES: A. OVERTIME COMPENSATION PAID UNDER ANY LAW OR
POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STAN-
DARD RATE FOR ADDITIONAL HOURS BEYOND THAT REQUIRED, INCLUDING SECTION
ONE HUNDRED THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF
THE GENERAL MUNICIPAL LAW, B. WAGES IN EXCESS OF THE ANNUAL SALARY PAID
TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF THE STATE
CONSTITUTION, C. LUMP SUM PAYMENTS FOR DEFERRED COMPENSATION, SICK
LEAVE, ACCUMULATED VACATION OR OTHER CREDITS FOR TIME NOT WORKED, D. ANY
FORM OF TERMINATION PAY, AND E. ANY ADDITIONAL COMPENSATION PAID IN
ANTICIPATION OF RETIREMENT.
S 69. Paragraph 2 of subdivision b of section 23-a of the retirement
and social security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to four and one-half percent of
pensionable salaries. NOTWITHSTANDING ANY OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and
S 70. Paragraph 2 of subdivision b of section 323-a of retirement and
social security law, as added by section 2 of part A of chapter 49 of
the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
S. 6255 53 A. 9055
other obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to four and one-half percent of
pensionable salaries. NOTWITHSTANDING ANY OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and
S 71. The retirement and social security law is amended by adding a
new article 23 to read as follows:
ARTICLE 23
DEFINED CONTRIBUTION PROGRAM
SECTION 1250. DEFINITIONS.
1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED.
1252. RATES OF CONTRIBUTION.
1253. ENROLLMENT.
1254. DEATH BENEFIT.
1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED.
S 1250. DEFINITIONS. WHEREVER USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. THE TERM "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL MEAN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,
THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,
AND THE NEW YORK CITY FIRE PENSION FUND.
B. THE TERMS "OPTIONAL MEMBER" AND "OPTIONAL MEMBERS" MEAN THOSE
EMPLOYEES WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE AND MAKE AN ELECTION TO JOIN THE DEFINED CONTRIBUTION
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE PURSUANT TO THE PROVISIONS
OF SECTION TWELVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
C. THE TERMS "PROGRAM PARTICIPANT" AND "PROGRAM PARTICIPANTS" MEAN
THOSE EMPLOYEES ELECTING TO PARTICIPATE IN THE DEFINED CONTRIBUTION
PROGRAM.
D. THE TERM "DEFINED CONTRIBUTION PROGRAM" MEANS THE RETIREMENT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
E. THE TERM "WAGES" SHALL MEAN REGULAR COMPENSATION EARNED BY AND PAID
TO A MEMBER BY A PUBLIC EMPLOYER, EXCEPT THAT THE FOLLOWING ITEMS SHALL
NOT BE INCLUDED IN THE DEFINITION OF WAGES: (I) OVERTIME COMPENSATION
PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE
GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND THAT
REQUIRED, INCLUDING SECTIONS ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (II) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (III) LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (IV) ANY FORM OF TERMINATION PAY, AND (V)
ANY ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S. 6255 54 A. 9055
S 1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED. THERE IS HEREBY
ESTABLISHED A DEFINED CONTRIBUTION PROGRAM WITHIN EACH PUBLIC RETIREMENT
SYSTEM OF THE STATE WHICH SHALL PROVIDE FOR RETIREMENT BENEFITS FOR OR
ON BEHALF OF PROGRAM PARTICIPANTS. UNDER SUCH PROGRAM THE STATE, THE
CITY OF NEW YORK AND OTHER PARTICIPATING EMPLOYERS AND SUCH EMPLOYEES
SHALL CONTRIBUTE, TO THE EXTENT AUTHORIZED OR REQUIRED, TO SUCH DEFINED
CONTRIBUTION ACCOUNTS. THE PROGRAMS SHALL BE ADMINISTERED BY THE RETIRE-
MENT SYSTEM IN WHICH THE PROGRAM PARTICIPANT IS A MEMBER. EACH PUBLIC
RETIREMENT SYSTEM OF THE STATE IS AUTHORIZED TO PROMULGATE ALL SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED TO IMPLEMENT THE
DEFINED CONTRIBUTION PROGRAMS ESTABLISHED PURSUANT TO THIS ARTICLE,
INCLUDING SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO COMPLY WITH
THE APPLICABLE PROVISIONS OF TITLE TWENTY-SIX OF THE UNITED STATES CODE
RELATING TO DEFINED CONTRIBUTION PLANS AND THEIR QUALIFICATION AND OPER-
ATION AND ALL SUCH RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED
REGARDING THE COLLECTION OF EMPLOYER AND MEMBER CONTRIBUTIONS, INVEST-
MENT OF CONTRIBUTIONS, WITHDRAWALS AND DISTRIBUTION OF MEMBER ACCOUNTS,
NOMINATION OF BENEFICIARIES, THE ASSESSMENT AND COLLECTION FROM EMPLOY-
ERS OF COSTS AND EXPENSES INCURRED IN THE ESTABLISHMENT AND OPERATION OF
THE PLAN, AND ALL OTHER MATTERS PERTAINING THERETO. EACH PUBLIC RETIRE-
MENT SYSTEM OF THE STATE IS AUTHORIZED TO ENTER INTO SUCH AGREEMENTS
WITH QUALIFIED PROVIDERS AS MAY BE NECESSARY OR DESIRABLE FOR THE
INVESTMENT OF MEMBER ACCOUNTS AND THE GENERAL ADMINISTRATION OF THE
PLAN.
S 1252. RATES OF CONTRIBUTION. A. 1. THE EMPLOYER SHALL MAKE A
CONTRIBUTION EQUAL TO FOUR PERCENT OF EACH PROGRAM PARTICIPANTS' WAGES.
SUCH CONTRIBUTIONS SHALL BE KNOWN AS "BASIC EMPLOYER CONTRIBUTIONS".
2. THE EMPLOYER SHALL CONTRIBUTE AN AMOUNT EQUAL TO THE CONTRIBUTION
MADE BY EACH PROGRAM PARTICIPANT, PROVIDED HOWEVER, THAT SUCH ADDITIONAL
CONTRIBUTIONS SHALL NOT EXCEED THREE PERCENT OF EACH PROGRAM PARTIC-
IPANT'S WAGES. SUCH CONTRIBUTIONS SHALL BE KNOWN AS "MATCHING EMPLOYER
CONTRIBUTIONS".
B. IN THE CASE OF ANY PROGRAM PARTICIPANTS, EMPLOYEES SHALL BE ALLOWED
TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT, INCLUSIVE OF
BASIC AND MATCHING EMPLOYER CONTRIBUTIONS, PERMITTED BY FEDERAL LAW IN
26 U.S.C. 401 ET SEQ. AND THE RULES AND REGULATIONS OF THE UNITED STATES
DEPARTMENT OF THE TREASURY PROMULGATED THEREUNDER.
C. NO CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE
MADE BY THE EMPLOYER UNTIL THE PROGRAM PARTICIPANT COMPLETES ONE YEAR OF
SERVICE AND CONTINUES IN SERVICE THEREAFTER. AT THE END OF A PROGRAM
PARTICIPANT'S INITIAL YEAR OF SERVICE, A SINGLE CONTRIBUTION IN AN
AMOUNT DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, WITH INTER-
EST AT THE RATE OF FOUR PER CENTUM PER ANNUM, SHALL BE MADE BY THE
EMPLOYER, ON BEHALF OF SUCH PROGRAM PARTICIPANT CONTINUED IN SERVICE.
S 1253. ENROLLMENT. A. EMPLOYEES WHO FIRST BECOME MEMBERS OF A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, WITHIN THIRTY DAYS OF HIS OR HER ENTRY INTO SERVICE, SHALL HAVE
THE ABILITY TO ELECT THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED PURSU-
ANT TO THIS ARTICLE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
EXECUTED AND FILED WITH THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A
MEMBER AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE. ALL ELIGIBLE EMPLOYEES WHO ELECT
THE DEFINED CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR
ANY PURPOSE UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLI-
CABLE LAW.
S. 6255 55 A. 9055
B. ALL PROGRAM PARTICIPANTS ENROLLED IN THE DEFINED CONTRIBUTION
PROGRAM SHALL NOT ACCRUE CREDITED SERVICE TO BE USED FOR ANY PURPOSE
UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
S 1254. DEATH BENEFIT. A. PROGRAM PARTICIPANTS SHALL RECEIVE THE
FOLLOWING FINANCIAL PROTECTION IN THE EVENT OF DEATH IN SERVICE: A BENE-
FIT UPON THE DEATH OF A MEMBER IN SERVICE EQUAL TO THE MEMBER'S SALARY
UPON HIS OR HER COMPLETION OF ONE YEAR OF SERVICE, TWO YEARS' SALARY
UPON COMPLETION OF TWO YEARS OF SERVICE, AND THREE YEARS' SALARY UPON
COMPLETION OF THREE YEARS OF SERVICE.
B. FOR THE PURPOSES OF THIS SECTION: 1. THE DEATH BENEFIT PAYABLE
SHALL BE IN LIEU OF THE PAYMENT OF THE BASIC EMPLOYER CONTRIBUTIONS AND
MATCHING EMPLOYER CONTRIBUTIONS MADE PURSUANT TO THIS ARTICLE, BUT SHALL
NOT BE LESS THAN THE VALUE OF SUCH CONTRIBUTIONS AND 2. THE VALUE OF THE
EMPLOYEE CONTRIBUTIONS SHALL BE PAYABLE IN ADDITION TO THE DEATH BENEFIT
PAYABLE PURSUANT TO THIS SECTION.
S 1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE PROVISIONS OF
ANY OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS ARTICLE SHALL
BE CONTROLLING.
S 72. Subdivisions 1 and 2 of section 182 of the education law, subdi-
vision 1 as amended by chapter 63 of the laws of 1993 and subdivision 2
as added by chapter 1076 of the laws of 1968, are amended to read as
follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state shall, during continuance of his employment, make
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his state salary upon which contributions are or may hereafter be
paid to the secretary of the treasury of the United States pursuant to
article three of the retirement and social security law and at the rate
of twelve [percentum] PER CENTUM of that portion of his state salary
above said amount, out of moneys which shall be appropriated to the
department for such purpose. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the state shall, during continuance of his employment, make contrib-
utions at the rate of eight [percentum] PER CENTUM of his state salary
during the first seven years of such employment and at the rate of ten
percentum of his state salary, thereafter, out of moneys which shall be
appropriated to the department for such purpose. IN THE CASE OF ANY
ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE, THE STATE SHALL, DURING CONTINUANCE OF HIS OR HER EMPLOY-
MENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER CENTUM OF HIS OR HER
STATE SALARY OUT OF MONEYS WHICH SHALL BE APPROPRIATED TO THE DEPARTMENT
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE ADDITIONAL CONTRIB-
UTIONS EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion of the employee's salary upon which
contributions are paid to the secretary of the treasury of the United
States pursuant to article three of the retirement and social security
law shall not exceed sixteen thousand five hundred dollars.
2. Employee contributions. In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his state
salary shall be deducted by the state comptroller as the employee
contribution, PROVIDED, HOWEVER, NO EMPLOYEE CONTRIBUTIONS SHALL BE
S. 6255 56 A. 9055
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however, that such employee
contribution shall be made by the state in accordance with subdivision
one of this section during such period as (a) either section seventy-a
of the retirement and social security law or section five hundred twen-
ty-eight of [the education law] THIS TITLE provides that the contrib-
ution of each member of the New York state employees' retirement system
or the New York state teachers' retirement system in the employ of the
state shall be reduced by at least eight [percentum] PER CENTUM of his
compensation, or (b) employee contributions to either such system are no
longer required by reason of such system becoming noncontributory for
state employees.
S 73. Subdivisions 1 and 2 of section 392 of the education law, as
amended by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to read
as follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state, with respect to employees of state university, and
the electing employer, with respect to employees of a community college,
shall, during continuance of his employment, make contributions at the
rate of nine [percentum] PER CENTUM of that portion of his salary upon
which contributions, if any, are or may hereafter be paid to the secre-
tary of the treasury of the United States pursuant to article three of
the retirement and social security law and at the rate of twelve
[percentum] PER CENTUM of any portion of his salary upon which such
contributions are not paid, out of monies which shall be appropriated to
state university or which shall be available to the electing employer
for such purpose. In the case of any electing employee initially
appointed on or after July first, nineteen hundred ninety-two, the
state, with respect to employees of the state university and the elect-
ing employer, with respect to employees of a community college, shall,
during continuance of his employment, make contributions at the rate of
eight [percentum] PER CENTUM of his salary during the first seven years
of such employment and at the rate of ten [percentum] PER CENTUM of his
salary thereafter, out of monies which shall be appropriated to the
state university or which shall be available to the electing employer
for such purpose. IN THE CASE OF ANY ELECTING EMPLOYEE INITIALLY
APPOINTED ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE, WITH
RESPECT TO EMPLOYEES OF THE STATE UNIVERSITY AND THE ELECTING EMPLOYER,
WITH RESPECT TO EMPLOYEES OF A COMMUNITY COLLEGE, SHALL, DURING CONTIN-
UANCE OF HIS EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER
CENTUM OF HIS SALARY OUT OF MONIES WHICH SHALL BE APPROPRIATED TO THE
STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO THE ELECTING EMPLOYER
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE ADDITIONAL
CONTRIBUTIONS EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion of the employee's salary upon which
contributions are or may thereafter be paid to the secretary of the
treasury of the United States pursuant to article three of the retire-
ment and social security law shall be deemed not to exceed sixteen thou-
sand five hundred dollars.
2. Employee contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his salary
S. 6255 57 A. 9055
shall be deducted as the employee contribution by the comptroller, or by
the appropriate fiscal officer with respect to an electing employer,
PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED FOR
ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, provided however, that such employee contribution shall
be made by (i) the state for employees other than those employed by an
electing employer in accordance with subdivision one of this section
during such period as (a) either section seventy-a of the retirement and
social security law or section five hundred twenty-eight of this title
provides that the contribution of each member of the New York state
employees' retirement system or the New York state teachers' retirement
system in the employ of the state shall be reduced by at least eight
[percentum] PER CENTUM of his compensation or (b) employee contributions
to either such system are no longer required by reason of such system
becoming noncontributory for state employees, or (ii) by the electing
employer in accordance with subdivision one of this section during such
period as the contributions of any members of either the New York state
employees' retirement system or the New York state teachers' retirement
system or of any other public retirement system in this state in its
employ shall (a) be reduced by at least eight [percentum] PER CENTUM of
their compensation in accordance with section seventy-a of the retire-
ment and social security law or section five hundred twenty-nine of this
title or section [B3-36.1] 13-152 or section [B20-41.1] 13-546 of the
administrative code of the city of New York or (b) employee contrib-
utions to any such system of which any of its employees are members are
no longer required by reasons of such system becoming non contributory
for such employees; and provided further, however, that such employee
contribution with respect to the fiscal year of the city of New York
beginning on July first, nineteen hundred seventy-two and ending on June
thirtieth, nineteen hundred seventy-three shall be made by the electing
employer in the case of any electing employee who is employed by a
community college operated in such city, notwithstanding any of the
foregoing provisions of this subdivision to the contrary.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law to the contrary, but subject to the
provisions of subdivision d of section six hundred thirteen of the
retirement and social security law, in the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at the
rate of three [percentum] PER CENTUM of his or her salary shall be
deducted as the employee contribution by the appropriate fiscal officer
with respect to such community college, PROVIDED, HOWEVER, THAT FOR
EMPLOYEES INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, NO REQUIRED EMPLOYEE CONTRIBUTIONS SHALL BE DEDUCTED AS THE
EMPLOYEE CONTRIBUTION BY THE APPROPRIATE FISCAL OFFICE WITH RESPECT TO
SUCH COMMUNITY COLLEGE.
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after April first, two thousand
nine for a member who joined the optional retirement program established
S. 6255 58 A. 9055
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
ELECTING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 74. Subdivisions 1 and 2 of section 6252 of the education law, as
amended by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to read
as follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the city shall, during continuance of his employment, makes
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his city salary upon which contributions are or may hereafter be paid
to the secretary of the treasury of the United States pursuant to arti-
cle three of the retirement and social security law and at the rate of
twelve [percentum] PER CENTUM of that portion of his city salary above
said amount, out of monies which shall be appropriated to the city
university for such purposes. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the city shall, during continuance of his employment, make contributions
at the rate of eight [percentum] PER CENTUM of his city salary during
the first seven years of such employment and at the rate of ten [percen-
tum] PER CENTUM of his city salary, thereafter, out of monies which
shall be appropriated to the city university for such purpose. IN THE
CASE OF ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE CITY SHALL, DURING CONTINUANCE OF HIS
EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER CENTUM of his
city salary out of monies which shall be appropriated to the city
university for such purpose. For electing employees initially appointed
on or after April first, two thousand twelve, the state shall make addi-
tional contributions equal to the contribution made by each electing
employee, provided, however, that such additional contributions shall
not exceed three percent of each electing employee's annual wages. For
purposes of this subdivision, that portion of the employee's salary upon
which contributions are or may thereafter be paid to the secretary of
the treasury of the United States pursuant to article three of the
retirement and social security law shall be deemed not to exceed sixteen
thousand five hundred dollars.
2. Employee contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his city
salary shall be deducted as the employee contribution by the comp-
troller, PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however that such employee contrib-
ution shall be made by the city in accordance with subdivision one of
this section during such period as either section seventy-a of the
retirement and social security law or section [B3-36.1] 13-152 or
S. 6255 59 A. 9055
section [B20-41.1] 13-546 of the administrative code of the city of New
York provides that the contribution of any member of the New York city
employees' retirement system or the New York city teachers' retirement
system in the employ of the city shall be reduced by at least eight
[percentum] PER CENTUM of his compensation; and provided further, howev-
er, that such employee contribution with respect to the fiscal year of
the city beginning on July first, nineteen hundred seventy-two and
ending on June thirtieth, nineteen hundred seventy-three shall be made
by the city, notwithstanding any of the foregoing provisions of this
subdivision to the contrary.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law to the contrary, but subject to the
provisions of subdivision d of section six hundred thirteen of the
retirement and social security law in the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
contributions at the rate of three [percentum] PER CENTUM of his or her
city salary shall be deducted as the employee contribution by the comp-
troller, PROVIDED, HOWEVER, THAT FOR EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, NO REQUIRED EMPLOYEE CONTRIB-
UTIONS SHALL BE DEDUCTED BY THE COMPTROLLER.
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after June first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after June first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
ELECTING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 75. Paragraphs (b) and (c) of subdivision 86 of section 13-101 of
the administrative code of the city of New York, as added by chapter 114
of the laws of 1989, are amended to read as follows:
(b) In the case of a uniformed force member who is a member of the
uniformed force of the department of sanitation and is not a TIER III
MEMBER (AS DEFINED IN SUBDIVISION SEVENTY-THREE OF THIS SECTION) OR A
Tier IV member (as defined in subdivision seventy-six of this section),
the term "normal rate of contribution as a uniformed force member" shall
mean the proportion of such member's earnable compensation required to
be deducted from his or her compensation by the applicable provisions of
sections 13-125, 13-154, 13-159 and 13-160 of this chapter as his or her
member contributions, exclusive of any increase in such contributions
pursuant to subdivision d, e, or f of section 13-125 of this chapter, or
any decrease in such contributions on account of any program for
S. 6255 60 A. 9055
increased-take-home-pay or pursuant to subdivision one of section one
hundred thirty-eight-b of the retirement and social security law (relat-
ing to election to decrease member contributions by contributions due on
account of social security coverage).
(c) In the case of any uniformed force member (1) who is both a member
of the uniformed correction force and a Tier III member, OR (2) WHO IS
BOTH A MEMBER OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION AND
A TIER III MEMBER, the term "normal rate of contribution as a uniformed
force member" shall mean the percentage of the annual wages of such
member required to be deducted from such member's wages by subdivision a
of section five hundred seventeen of the retirement and social security
law, as his or her member contributions.
S 76. Paragraph (b) of subdivision 87 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
(b) a uniformed force member who is not required to contribute during
such payroll period because he or she is a Tier III member who, having
contributed for thirty years, OR WHO, IN THE CASE OF A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THE RETIREMENT
AND SOCIAL SECURITY LAW), HAVING CONTRIBUTED FOR TWENTY-FIVE YEARS, has
discontinued member contributions pursuant to subdivision a of section
five hundred seventeen of the retirement and social security law.
S 77. Paragraph (c) of subdivision 89 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
(c) In the case of any contributing uniformed force member who is both
(1) a member of the uniformed correction force (as defined in subdivi-
sion thirty-nine of this section) OR THE UNIFORMED FORCE OF THE DEPART-
MENT OF SANITATION (AS DEFINED IN SUBDIVISION SIXTY-TWO OF THIS SECTION)
and (2) a Tier III member (as defined in subdivision seventy-three of
this section), the term "uniformed force member contributions eligible
for pick up by the employer" shall mean the amount which, in the absence
of a pick up program applicable to such member pursuant to section
13-125.1 of this chapter, would be required to be deducted from the
wages of such member for such payroll period pursuant to subdivision a
of section five hundred seventeen of the retirement and social security
law as his or her required member contributions for such payroll period.
S 78. Paragraph 14 of subdivision e of section 13-638.4 of the admin-
istrative code of the city of New York, as added by chapter 749 of the
laws of 1992, is amended to read as follows:
(14) (I) Subject to the provisions of subdivision f of this section
and the provisions of subdivision c of section six hundred eight of the
RSSL, where those provisions are applicable, and notwithstanding the
provisions of subdivision a of section six hundred eight of the RSSL,
for a tier IV member of NYCERS WHO IS NOT A NEW YORK CITY REVISED PLAN
MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF THE
RSSL) or FOR A TIER IV MEMBER OF BERS WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, the term "final average salary", as used in article fifteen
of the RSSL, shall be equal to the greater of:
[(i)] (A) one-third of the highest total wages earned by such member
during any continuous period of employment for which the member was
credited with three years of service credit; provided that if the wages
earned during any year of credited service included in the period used
to determine final average salary exceeds the average of the wages of
the previous two years of credited service by more than ten percent, the
S. 6255 61 A. 9055
amount in excess of ten percent shall be excluded from the computation
of final average salary; or
[(ii)] (B) the total wages earned during any six consecutive years
from service for which the member received service credit divided by the
amount of such service credit earned during that six-year period,
PROVIDED, HOWEVER, THAT "WAGES", AS USED IN THIS PARAGRAPH, SHALL MEAN
THE APPLICABLE PROVISIONS AND LIMITATIONS OF THE TERM "WAGES", AS
DEFINED IN SUBDIVISION 1 OF SECTION SIX HUNDRED ONE OF THE RSSL.
(II) SUBJECT TO THE PROVISIONS OF SUBDIVISION F OF THIS SECTION WHERE
THOSE PROVISIONS ARE APPLICABLE, AND NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISIONS A AND C OF SECTION SIX HUNDRED EIGHT OF THE RSSL, FOR A
TIER IV MEMBER OF NYCERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER (AS
DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF THE RSSL) OR A
TIER IV MEMBER OF BERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER, THE
TERM "FINAL AVERAGE SALARY", AS USED IN ARTICLE FIFTEEN OF THE RSSL,
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED BY SUCH
MEMBER DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT; PROVIDED THAT IF THE
WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES
OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY, PROVIDED FURTHER THAT "WAGES",
AS USED IN THIS PARAGRAPH, SHALL MEAN THE APPLICABLE PROVISIONS AND
LIMITATIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION
SIX HUNDRED ONE OF THE RSSL.
S 79. Nothing contained in sections seventy-five, seventy-six and
seventy-seven of this act shall be construed to create any contractual
right with respect to members to whom such sections apply. The
provisions of such sections are intended to afford members the advan-
tages of certain benefits contained in the internal revenue code, and
the effectiveness and existence of such sections and benefits they
confer are completely contingent thereon.
S 80. Notwithstanding any provision of law to the contrary, nothing in
this act shall limit the eligibility of any member of an employee organ-
ization to join a special retirement plan open to him or her pursuant to
a collectively negotiated agreement with any state or local government
employer, where such agreement is in effect on the effective date of
this act and so long as such agreement remains in effect thereafter;
provided, however, that any such eligibility shall not apply upon termi-
nation of such agreement for employees otherwise subject to the
provisions of article 22 of the retirement and social security law,
provided further that this section shall not be construed as authorizing
any member who first joins a public retirement system of the state (as
defined in subdivision 23 of section 501 of the retirement and social
security law) on or after April 1, 2012 to become a participant in any
of the special plans established by section 504-a, 504-b, 504-d, 604-a,
604-c (as added by chapter 96 of the laws of 1995), 604-d or 604-i of
the retirement and social security law or section 13-157.1 or 13-157.4
of the administrative code of the city of New York.
S 81. No enhancement, increase or other alteration or change in the
benefit structure provided herein shall be authorized.
S 82. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
S. 6255 62 A. 9055
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 83. This act shall take effect April 1, 2012, provided that the
amendments to subdivision a of section 603 of the retirement and social
security law made by section thirty-one of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section 13
of chapter 682 of the laws of 2003, as amended, provided, further that
the amendments to subdivisions 86, 87 and 89 of section 13-101 of the
administrative code of the city of New York made by sections seventy-
five, seventy-six and seventy-seven of this act shall not affect the
expiration of such subdivisions and shall be deemed to expire therewith.
PART I
Section 1. Section 167-a of the civil service law, as separately
amended by section 8 of part T and section 1 of part U of chapter 56 of
the laws of 2010, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the premium charge for such supplementary medical insurance
benefits for such active or retired employee and his or her dependents,
if any, shall be paid monthly or at other intervals to such active or
retired employee from the health insurance fund. Where appropriate, such
amount may be deducted from contributions payable by the employee or
retired employee; or where appropriate in the case of a retired employee
receiving a retirement allowance, such amount may be included with
payments of his or her retirement allowance. All state employer, employ-
ee, retired employee and dependent contributions to the health insurance
fund, INCLUDING CONTRIBUTIONS FROM PUBLIC AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE, shall be
adjusted as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium charges under this
section. This cost shall be included in the calculation of premium or
subscription charges for health coverage provided to [state] employees
and retired [state] employees OF THE STATE, PUBLIC AUTHORITIES, PUBLIC
BENEFIT CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE;
provided, however, the state, PUBLIC AUTHORITIES, PUBLIC BENEFIT CORPO-
RATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE shall remain
obligated to pay no less than its share of such increased cost consist-
ent with its share of premium or subscription charges provided for by
this article. All other employer contributions to the health insurance
fund shall be adjusted as necessary to provide for such payments.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART J
Section 1. Section 25 of the state finance law is amended to read as
follows:
S. 6255 63 A. 9055
S 25. Reappropriation bills. Every appropriation reappropriating
moneys shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and the year, chapter
and part or section of the last act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
If it is proposed to change in any detail the purpose for which the
original appropriation was made, the bill as submitted by the governor
shall show clearly [any] such change.
ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS AFTER THE
DATE UPON WHICH THE ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND SECTION NINETY-NINE-D OF THIS
CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL BE PAID OUT OF THE
STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
S 2. This act shall take effect April 1, 2013.
PART K
Section 1. Paragraph 1 of subdivision 2-a of section 19-a of the
public lands law, as amended by section 1 of part K-1 of chapter 109 of
the laws of 2006, is amended to read as follows:
(1) Notwithstanding any provision of this section to the contrary, in
addition to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office building project in accordance with the
provisions of chapter one hundred fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to an agreement entitled
the "South Mall contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
State Fiscal Year
Amount
2000-2001 $4,500,000
2001-2002 $4,500,000
2002-2003 $4,500,000
2003-2004 $9,850,000
2004-2005 $16,850,000
2005-2006 $22,850,000
2006-2007 $22,850,000
2007-2008 $22,850,000
2008-2009 $22,850,000
2009-2010 $22,850,000
2010-2011 $22,850,000
2011-2012 $15,000,000
2012-2013 [$15,000,000] $22,850,000
2013-2014 $15,000,000
2014-2015 $15,000,000
2015-2016 $15,000,000
2016-2017 $15,000,000
2017-2018 $15,000,000
2018-2019 $15,000,000
2019-2020 $15,000,000
S. 6255 64 A. 9055
2020-2021 $15,000,000
2021-2022 $15,000,000
2022-2023 $15,000,000
2023-2024 $15,000,000
2024-2025 $15,000,000
2025-2026 $15,000,000
2026-2027 $15,000,000
2027-2028 $15,000,000
2028-2029 $15,000,000
2029-2030 $15,000,000
2030-2031 $15,000,000
2031-2032 $15,000,000
2032-2033 [$15,000,000] $7,150,000
S 2. This act shall take effect April 1, 2012.
PART L
Section 1. Paragraph i of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is amended to
read as follows:
i. "Lowest price" means the basis for awarding contracts for commod-
ities AND SERVICES among responsive and responsible offerers.
S 2. Paragraph j of subdivision 1 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
j. "Best value" means the basis for awarding contracts for COMMODITIES
AND services to the offerer which optimizes quality, cost and efficien-
cy, among responsive and responsible offerers. Such basis shall reflect,
wherever possible, objective and quantifiable analysis. SUCH BASIS MAY
ALSO IDENTIFY A QUANTITATIVE FACTOR FOR OFFERERS THAT ARE SMALL BUSI-
NESSES OR CERTIFIED MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION THREE
HUNDRED TEN OF THE EXECUTIVE LAW TO BE USED IN EVALUATION OF OFFERS FOR
AWARDING OF CONTRACTS FOR COMMODITIES AND SERVICES.
S 3. Subparagraphs (ii), (iv), (v), and (viii) of paragraph a of
subdivision 3 of section 163 of the state finance law, as added by chap-
ter 83 of the laws of 1995, subparagraph (iv) as amended by chapter 430
of the laws of 1997, and subparagraph (viii) as amended by section 165
of subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
(ii) Commodities contracts shall be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of multi-
ple awards, in accordance with paragraph c of subdivision ten of this
section. WHERE THE COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC
COMMODITIES PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH
CONTRACT MAY ALSO BE AWARDED ON THE BASIS OF BEST VALUE TO A RESPONSIVE
AND RESPONSIBLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN ACCORD-
ANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHER-
WISE REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION
SHALL BE INCLUDED IN THE PROCUREMENT RECORD.
(iv) The commissioner is authorized to permit [any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make] purchases of
commodities AND SERVICES FOR AUTHORIZED USERS through the office of
general services' centralized contracts[, pursuant to the provisions of
S. 6255 65 A. 9055
section one hundred four of the general municipal law. The commissioner
is authorized to permit any county extension service association as
authorized under subdivision eight of section two hundred twenty-four of
the county law, or any association or other entity as specified in and
in accordance with section one hundred nine-a of the general municipal
law, or any other association or entity as specified in state law, to
make purchases of commodities through the office of general services'
centralized contracts; provided, however, that such entity so empowered
shall accept sole responsibility for any payment due with respect to
such purchase]. SUCH AUTHORIZED USERS SO EMPOWERED SHALL ACCEPT SOLE
RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASES.
(v) Consistent with guidelines issued by the state procurement coun-
cil, state agencies may competitively purchase commodities AND SERVICES
procured in accordance with this article in lieu of using centralized
contracts when the resultant price is less than the centralized contract
price.
[(viii) The commissioner may permit and prescribe the conditions for,
(A) any association, consortium or group of privately owned or munici-
pal, federal or state owned or operated hospitals, medical schools,
other health related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf or of the blind listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the blind
approved by the commissioner of the office of children and family
services or the office of temporary and disability assistance; (D) any
qualified charitable non-profit-making agency for the severely disabled
approved by the commissioner of education; (E) any hospital or residen-
tial health care facility as defined in section twenty-eight hundred one
of the public health law; (F) any private not-for-profit mental hygiene
facility as defined in section 1.03 of the mental hygiene law; and (G)
any public authority or public benefit corporation of the state, includ-
ing the port authority of New York and New Jersey and the interstate
environmental commission, to make purchases using centralized contracts
for commodities. Such qualified non-profit-making agencies for the blind
and severely disabled may make purchases from the correctional indus-
tries program of the department of corrections and community supervision
subject to rules pursuant to the correction law.]
S 4. Paragraph d of subdivision 3 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
d. The commissioner may make, or cause to be made by a duly authorized
representative, any investigation which he or she may deem proper for
acquiring the necessary information from a state agency for the exercise
of his or her powers and duties under this [subdivision] ARTICLE. For
such purposes the commissioner may subpoena and compel the attendance of
witnesses before him or her, or an authorized representative, and may
compel the production of books, papers, records or documents. The
commissioner or a duly authorized representative may take and hear
proofs and testimony and, for that purpose, the commissioner or the duly
authorized representative may administer oaths. In addition, the commis-
sioner or the duly authorized representative:
(i) Shall have access at all reasonable times to offices of state
agencies;
S. 6255 66 A. 9055
(ii) May examine all books, papers, records and documents in any such
state agency as pertain directly to the purchase, control or distrib-
ution of commodities; and
(iii) May require any state agency to furnish such data, information
or statement as may be necessary.
S 5. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
e. [Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office of general
services' centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law. The commis-
sioner may permit and prescribe the conditions for the purchase of
services through the office of general services' centralized contracts
for services by any public authority or public benefit corporation of
the state including the port authority of New York and New Jersey. The
commissioner is authorized to permit any public library, association
library, library system, cooperative library system, the New York
Library Association, and the New York State Association of Library
Boards or any other library except those which are operated by for
profit entities, to make purchases of services through the office of
general services' centralized contracts; provided, however, that such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.] THE COMMISSIONER IS AUTHORIZED TO PERMIT
PURCHASES OF SERVICES FOR AUTHORIZED USERS THROUGH THE OFFICE OF GENERAL
SERVICES' CENTRALIZED CONTRACTS. SUCH AUTHORIZED USERS SO EMPOWERED
SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO
SUCH PURCHASES.
S 6. The section heading and subdivision 1 of section 104 of the
general municipal law, as amended by section 7 of subpart A of part C of
chapter 97 of the laws of 2011, are amended to read as follows:
Purchase through office of general services; PURCHASES FROM OTHER
PUBLIC CONTRACTS; certain federal contracts. 1. Notwithstanding the
provisions of section one hundred three of this article or of any other
general, special or local law, any officer, board or agency of a poli-
tical subdivision, of a district therein, of a fire company or of a
voluntary ambulance service authorized to make purchases of COMMODITIES,
materials, equipment, TECHNOLOGY, food products, [or] supplies[,] or
services available pursuant to [sections one hundred sixty-one and one
hundred sixty-seven] SECTION ONE HUNDRED SIXTY-THREE of the state
finance law, may make such purchases[, except of printed material,]
through the office of general services OR ANY OTHER DEPARTMENT OR AGENCY
OF THE STATE subject to [such] rules [as may be established from time to
time] PROMULGATED pursuant to [sections one hundred sixty-three and one
hundred sixty-seven] ARTICLE ELEVEN of the state finance law; provided
that any such purchase shall exceed five hundred dollars and that the
political subdivision, district, fire company or voluntary ambulance
service for which such officer, board or agency acts shall accept sole
responsibility for any payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision, district,
fire company or voluntary ambulance service for which made. No officer,
board or agency of a political subdivision, or a district therein, of a
fire company or of a voluntary ambulance service shall make any purchase
through such [office] PUBLIC ENTITY when bids have been received for
such purchase by such officer, board or agency, unless such purchase may
S. 6255 67 A. 9055
be made upon the same terms, conditions and specifications at a lower
price through such office. Two or more fire companies or voluntary ambu-
lance services may join in making purchases pursuant to this section,
and for the purposes of this section such groups shall be deemed "fire
companies or voluntary ambulance services."
S 7. Subparagraph (i) of paragraph b of subdivision 4 of section 163
of the state finance law, as added by chapter 83 of the laws of 1995 and
as designated by chapter 137 of the laws of 2008, is amended to read as
follows:
(i) Centralized contracts for services may be procured by the office
of general services at the request of state agencies [and state agencies
may when such centralized contracts are in the form, function or utility
required by said agency, purchase from established centralized
contracts. The state procurement council may, from time to time, require
that state agencies procure services from certain centralized contracts]
OR AS DETERMINED BY THE COMMISSIONER. THE PURCHASE OF SERVICES BY STATE
AGENCIES SHALL BE CONDUCTED IN A MANNER THAT ACCORDS SECOND PRIORITY TO
CENTRALIZED CONTRACTS MEETING FORM, FUNCTION AND UTILITY REQUIRED BY
SAID AGENCY, THIRD PRIORITY TO AGENCY OR MULTI-AGENCY ESTABLISHED
CONTRACTS AND FOURTH PRIORITY TO OTHER MEANS OF CONTRACTING.
S 8. Paragraph d of subdivision 4 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
d. Service contracts shall be awarded on the basis of best value to a
responsive and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c of subdivision ten of this section.
WHERE THE COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC SERVICES
PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH CONTRACT MAY
ALSO BE AWARDED ON THE BASIS OF LOW PRICE TO A RESPONSIVE AND RESPONSI-
BLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN ACCORDANCE WITH
PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHERWISE
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION SHALL
BE INCLUDED IN THE PROCUREMENT RECORD.
S 9. Subdivision 5 of section 163 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
5. Process for conducting state procurements. The process for conduct-
ing state procurements for services and commodities shall be as follows:
a. Determination of need. State agencies shall be responsible for
determining the need for a given service or commodity:
(i) For commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred sources and if
so, shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the central-
ized contract. If a commodity is not available in the form, function and
utility consistent with the needs of the state agency from a preferred
source or a centralized contract or as provided for in subparagraph (v)
of paragraph a of subdivision three of this section, the state agency
may procure the commodity independently or in conjunction with another
state agency in accordance with paragraph c of subdivision three of this
section.
S. 6255 68 A. 9055
(ii) For services, upon such determination of need, state agencies
shall ascertain whether the service is available in the form, function
and utility consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in accord-
ance with the provisions of this article. If not so available, state
agencies [may]:
(A) [Purchase] SHALL PURCHASE the service if it is available in the
form, function and utility consistent with their needs using an estab-
lished centralized contract procured by either the office of general
services or another state agency;
(B) [Request] MAY REQUEST that the office of general services procure
such a service, particularly with respect to those services having util-
ity and/or benefit to more than one state agency; or
(C) [Procure] MAY PROCURE the service independently or in conjunction
with another state agency.
[b. The state procurement council may, from time to time, require
state agencies to procure certain services from centralized contracts.]
S 10. Subdivision 7 of section 163 of the state finance law, as
amended by section 10 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter and may, for COMMODITY, SERVICE AND technology contracts
[and, in addition, for the period from July first, two thousand ten, to
July first, two thousand twelve, fuels (home heating, diesel, gasoline,
natural gas), road salt, recycled paper, tires, telecommunications
equipment, industrial supplies (tools, equipment), bituminous materials,
drainage and culvert pipe, and road aggregate (gravel),] require elec-
tronic submission as the sole method for the submission of bids for the
solicitation, provided that the agency has made a determination, which
shall be documented in the procurement record, that such method affords
a fair and equal opportunity for offerers to submit responsive offers.
Except where otherwise provided by law, procurements shall be compet-
itive, and state agencies shall conduct formal competitive procurements
to the maximum extent practicable. State agencies shall document the
determination of the method of procurement and the basis of award in the
procurement record. Where the basis for award is the best value offer,
the state agency shall document, in the procurement record and in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process to be used in the determination of best value and the manner in
which the evaluation process and selection shall be conducted.
S 11. Subdivision 8 of section 163 of the state finance law, as
amended by chapter 95 of the laws of 2000, is amended to read as
follows:
8. Public notice. All procurements by state agencies in excess of
[fifteen] FIFTY thousand dollars shall be advertised in the state's
procurement opportunities newsletter in accordance with article four-C
of the economic development law.
S. 6255 69 A. 9055
S 12. Paragraph (a) of subdivision 2 of section 112 of the state
finance law, as amended by section 2 of part D of chapter 56 of the laws
of 2006, is amended to read as follows:
(a) Before any contract made for or by any state agency, department,
board, officer, commission, or institution, except the office of general
services, shall be executed or become effective, whenever such contract
exceeds fifty thousand dollars in amount and before any contract made
for or by the office of general services shall be executed or become
effective, whenever such contract exceeds eighty-five thousand dollars
in amount, it shall first be approved by the comptroller and filed in
his or her office, [provided, however, that the] WITH THE EXCEPTION OF
CONTRACTS ESTABLISHED AS A CENTRALIZED CONTRACT THROUGH THE OFFICE OF
GENERAL SERVICES AND PURCHASE ORDERS OR OTHER PROCUREMENT TRANSACTIONS
ISSUED UNDER SUCH CENTRALIZED CONTRACTS. THE comptroller shall make a
final written determination with respect to approval of such contract
within ninety days of the submission of such contract to his or her
office unless the comptroller shall notify, in writing, the state agen-
cy, department, board, officer, commission, or institution, prior to the
expiration of the ninety day period, and for good cause, of the need for
an extension of not more than fifteen days, or a reasonable period of
time agreed to by such state agency, department, board, officer, commis-
sion, or institution and provided, further, that such written determi-
nation or extension shall be made part of the procurement record pursu-
ant to paragraph f of subdivision one of section one hundred sixty-three
of this chapter.
S 13. Section 3 of the New York state printing and public documents
law, as added by chapter 160 of the laws of 1976, subdivision 1 as
amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
by chapter 346 of the laws of 1991, is amended to read as follows:
S 3. Powers and duties of commissioner OF GENERAL SERVICES AND STATE
AGENCIES IN PURCHASING PRINTING. 1. The commissioner of general
services shall have general supervision over the letting of all
contracts for public printing provided to be made herein. In addition,
the commissioner shall exercise such further supervision and control
over all contracts for department printing [as herein defined that he
has heretofore exercised or may hereafter deem] PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW. THE COMMISSIONER MAY, AS
deemed appropriate [including, but not limited to, the establishment of]
ESTABLISH standard sizes and grades of paper and OTHER NECESSARY spec-
ifications for paper; provided, however, that such specifications shall
be in accordance with those established pursuant to section one hundred
[sixty-four] SIXTY-THREE AND SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-FIVE of the state finance law.
(A) THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE
STANDARDIZATION AND CENTRALIZED CONTRACTING OF PRINTING REQUIRED BY
STATE AGENCIES IN A MANNER WHICH MAXIMIZES THE PURCHASING VALUE OF
PUBLIC FUNDS. PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE OF
GENERAL SERVICES OR STATE AGENCIES, AND STATE AGENCIES MAY, WHEN SUCH
CENTRALIZED CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES ARE
IN THE FORM, FUNCTION AND UTILITY REQUIRED BY SAID AGENCY, PURCHASE FROM
SUCH CENTRALIZED CONTRACTS. WHEN PRINTING IS NOT AVAILABLE CONSISTENT
WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW IN THE FORM, FUNCTION AND UTILITY REQUIRED BY STATE AGEN-
CIES, STATE AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR IN CONJUNC-
TION WITH OTHER STATE AGENCIES.
S. 6255 70 A. 9055
(B) PRINTING CONTRACTS SHALL BE AWARDED ON THE BASIS OF LOWEST PRICE
OR BEST VALUE TO A RESPONSIVE AND RESPONSIBLE OFFEROR; OR IN THE CASE OF
MULTIPLE AWARDS, IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
2. [The commissioner may appoint an expert printer and such assistants
and employees as shall be authorized by appropriations made by the
legislature therefor, and such employees shall receive such salaries as
shall be fixed by the legislature in such appropriation.
3. It shall be the duty of said commissioner, in accordance with rules
and regulations to be prescribed by him, to let to the lowest responsi-
ble bidder, as hereinafter provided, and as will best promote the public
interest, all contracts for the work embraced in the legislative print-
ing and department printing as those terms are in this chapter defined,
except printing done pursuant to law in the correctional facilities of
the state, in the state charitable and benevolent institutions for the
benefit of such institutions, or by the board or commission having
fiscal control of such institutions, the printing of examination ques-
tion papers or printing done for the education department or the schools
under its jurisdiction in the rooms of the university of the state of
New York by its employees, the stationery used by the legislature,
briefs and cases on appeal and the bulletins issued by the Geneva and
Ithaca experimental stations.] No contract for department printing shall
be let to a bidder who, in the opinion of the commissioner, does not
have satisfactory facilities and equipment which are ample and suffi-
cient to insure proper performance of the contract or who has failed to
give adequate security in an amount which may be required by the commis-
sioner. Provided further, however, that no contract shall be let to a
bidder other than the lowest PRICE OR BEST VALUE responsible bidder
without the written approval of the comptroller.
[4. The said commissioner shall adopt and promulgate appropriate rules
and regulations touching the manner of the performance of his work and
prescribing the form and manner of advertisement for bids and all requi-
sitions made upon him for printing, except that said commissioner shall
make no rule or regulation inconsistent with or in violation of the
provisions of this chapter.
5.] 3. Notwithstanding any of the foregoing provisions of this
section, or of any general or special act, the commissioner may contract
for printing to an amount not exceeding [ten] EIGHTY-FIVE thousand
dollars without competitive bidding, and [may by rule prescribing the
amount, not exceeding five thousand dollars, authorize] other state
departments and agencies [to let contracts,] MAY CONTRACT TO AN AMOUNT
NOT EXCEEDING FIFTY THOUSAND DOLLARS without competitive bidding, for
printing required by them. [Such rule shall prescribe the form, manner
and content of the notice to be given to prospective vendors, the form
of specifications and proposals for such printing, and the method used
in making an award, except that as such specifications relate to the
paper required for printing they shall be in accordance with those
established pursuant to section one hundred sixty-four of the state
finance law.
Multiple purchases of identical items of printing and printing
supplies, made by such other department or agency without competitive
bidding within a period of sixty days, shall not exceed the sum of five
thousand dollars.]
S 14. Section 6 of the New York state printing and public documents
law is REPEALED.
S. 6255 71 A. 9055
S 15. Section 7 of the New York state printing and public documents
law is REPEALED and section 7-a is renumbered section 7.
S 16. Section 8 of the New York state printing and public documents
law, as amended by chapter 704 of the laws of 1964 and as renumbered by
chapter 160 of the laws of 1976, is amended to read as follows:
S 8. Right to annul contracts. Upon the failure or non-performance of
the terms of any of the contracts [set forth in] AWARDED PURSUANT TO
this chapter on the part of the contractors with the state, the commis-
sioner OF GENERAL SERVICES OR THE STATE AGENCY may annul the contract in
which default is made and the comptroller shall withhold payment from
the contractor for all work [done by him] PERFORMED THEREUNDER until the
damage to the state shall be ascertained by proper adjudication, and the
[said] commissioner OF GENERAL SERVICES OR THE STATE AGENCY, may [read-
vertise and enter into a] RELET THE contract for the balance of the
uncompleted term of [any] A contract so annulled or abrogated in the
manner prescribed in the provisions of this chapter.
S 17. Paragraph (g) of section 1509 of the not-for-profit corporation
law, as added by chapter 151 of the laws of 1992, is amended to read as
follows:
(g) Purchases through office of general services. Notwithstanding the
provisions of any general, special or local law, any officer or agent of
a cemetery corporation subject to the provisions of this article author-
ized to make purchases of [materials, equipment or supplies] COMMODITIES
AND SERVICES may make such purchases[, except of printed material,]
through the office of general services subject to such rules as may be
established from time to time pursuant to section one hundred sixty-
three of the state finance law; provided that any such purchase shall
exceed five hundred dollars and that the cemetery corporation for which
such officer or agent acts shall accept sole responsibility for any
payment due the vendor. All purchases shall be subject to audit and
inspection by the cemetery corporation for which made. Two or more ceme-
tery corporations may join in making purchases pursuant to this section
and, for the purposes of this section, such groups shall be deemed a
cemetery corporation.
S 18. Paragraph i of subdivision 3 of section 236 of the education
law, as added by chapter 9 of the laws of 1979, is amended to read as
follows:
i. Any corporation created under the provisions of this section may
make purchases[, except of printed material, through the state divisions
of standards and quality control; and of purchasing in the] OF COMMOD-
ITIES AND SERVICES THROUGH THE office of general services subject to
such rules as may be established from time to time pursuant to section
one hundred sixty-three of the state finance law; provided that each
such purchase shall have a cost of five hundred dollars or more and that
said corporation shall accept sole responsibility for any payment of
such cost due the vendor.
S 19. Section 258-a of the education law, as added by chapter 106 of
the laws of 1980, is amended to read as follows:
S 258-a. Purchases by museums, historical societies, zoological
gardens, aquariums, botanical gardens and arboreta through office of
general services. Museums, historical societies, zoological gardens,
aquariums, botanical gardens and arboreta which are chartered or incor-
porated by the regents or otherwise formed pursuant to section two
hundred sixteen of this chapter or otherwise pursuant to the laws of
this state and are also non-profit ORGANIZATIONS may make purchases [,
except of printed material,] OF COMMODITIES AND SERVICES through the
S. 6255 72 A. 9055
[state division of standards and purchase in the] office of general
services subject to such rules as may be established from time to time
pursuant to section one hundred sixty-three of the state finance law;
provided that each such purchase shall have a cost of five hundred
dollars or more and that said museum, historical society, zoological
garden, aquarium, botanical garden or arboreta shall accept sole respon-
sibility for any payment of such cost due the vendor.
S 20. Section 6404 of the education law, as added by chapter 734 of
the laws of 1976, is amended to read as follows:
S 6404. Purchases by certain independent institutions. Any postsecon-
dary institution chartered under the powers of the regents pursuant to
section two hundred sixteen or incorporated under a special act of the
legislature may make purchases[, except of printed material,] OF COMMOD-
ITIES AND SERVICES pursuant to the terms of contracts let by the [state
division of standards and purchase in the] office of general services
subject to such rules as may be established from time to time pursuant
to section one hundred sixty-three of the state finance law which may
establish limitations with respect to commodities AND SERVICES and
impose such other appropriate conditions upon purchasing as deemed
necessary by the commissioner of general services in order to protect
the state's own purchasing interests; provided that each such purchase
shall have a cost of five hundred dollars or more and that said [corpo-
ration] INSTITUTION shall accept sole responsibility for any payment of
such cost due the vendor.
S 21. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
S 104. Purchase through office of general services. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service IS authorized to make purchases of [materi-
als, equipment, food products, or supplies, or services] COMMODITIES AND
SERVICES available pursuant to [sections one hundred sixty-one and one
hundred sixty-seven] SECTION ONE HUNDRED SIXTY-THREE of the state
finance law, may make such purchases[, except of printed material,]
through the office of general services subject to such rules as may be
established from time to time pursuant to [sections] SECTION one hundred
sixty-three [and one hundred sixty-seven] of the state finance law or
through the general services administration pursuant to section 1555 of
the federal acquisition streamlining act of 1994, P.L. 103-355; provided
that any such purchase shall exceed five hundred dollars and that the
political subdivision, district, fire company or voluntary ambulance
service for which such officer, board or agency acts shall accept sole
responsibility for any payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision, district,
fire company or voluntary ambulance service for which made. No officer,
board or agency of a political subdivision, or a district therein, of a
fire company or of a voluntary ambulance service shall make any purchase
through such office when bids have been received for such purchase by
such officer, board or agency, unless such purchase may be made upon the
same terms, conditions and specifications at a lower price through such
office. Two or more fire companies or voluntary ambulance services may
join in making purchases pursuant to this section, and for the purposes
of this section such groups shall be deemed "fire companies or voluntary
ambulance services."
S. 6255 73 A. 9055
S 22. Section 109-a of the general municipal law, as amended by chap-
ter 502 of the laws of 2002, is amended to read as follows:
S 109-a. Purchases through the office of general services by certain
public associations. The New York State Association of Counties, the
Association of Towns of the State of New York, the New York State Town
Clerk's Association, Inc., the New York State Conference of Mayors and
Other Municipal Officials, the New York State School Boards Association,
Inc., the New York Planning Federation and the Association of Fire
Districts of the State of New York, the New York State Association of
School Business Officials, the New York state council of school super-
intendents, any nonpublic elementary and/or secondary school of the
state of New York, which provides the instruction required by section
thirty-two hundred four and article seventeen of the education law, and
which is chartered by, registered with or subject to examination and
inspection by the department of education and which is a not for profit
institution and any public library, association library, library system,
cooperative library system, the New York Library Association, and the
New York State Association of Library Boards or any other library except
those which are operated by for profit entities, may make purchases[,
except of printed material,] through the office of general services
subject to such rules as may be [established from time to time] PROMUL-
GATED pursuant to [sections] SECTION one hundred sixty-three [and one
hundred sixty-five] of the state finance law and subdivision eight-a of
section one hundred three of this article which may establish limita-
tions with respect to commodities and impose such other appropriate
conditions upon purchasing as deemed necessary by the commissioner of
general services in order to protect the state's own purchasing inter-
ests; and that such association, school, library, library system or
cooperative library system shall accept sole responsibility for any
payment due the vendor. Boards of education may permit such nonpublic
schools to make purchases pursuant to this section through the school
district in which the nonpublic school is located, provided that any
administrative costs incurred by the school district will be paid by the
nonpublic school.
S 23. Subdivision (a) of section 2 of chapter 741 of the laws of 1985
relating to authorizing certain organizations to purchase commodities
and services under contracts let by the state office of general
services, as amended by chapter 134 of the laws of 1994, is amended to
read as follows:
(a) Any charitable organization or federation of charitable organiza-
tions, as defined in subdivision (b) of this section, maintaining its
office in a county of the state and performing all or the predominant
part of its charitable, benevolent or philanthropic services or conduct-
ing all or the predominant part of its solicitation of charitable
contributions in such county and any county, town or other agricultural
society, the American institute of the city of New York, performing
their activities in any such county on or after January 1, 1993 is
authorized to make purchases[, except of printed material,] pursuant to
the terms of contracts let by the [state divisions of purchasing and of
standards and quality control of the] office of general services subject
to such rules as may be [established from time to time under] PROMULGAT-
ED PURSUANT TO the provisions of section 163 of the state finance law,
which may establish limitations with respect to commodities AND SERVICES
and impose such other appropriate conditions upon purchasing as deemed
necessary by the commissioner of general services in order to protect
the state's own purchasing interests; provided that each such purchase
S. 6255 74 A. 9055
shall exceed five hundred dollars and that such charitable organization
or federation of charitable organizations shall accept sole responsibil-
ity for any payment due the vendor.
S 24. Subdivision 7 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
7. "Service" or "services" means[, except with respect to contracts
for state printing,] the performance of a task or tasks and may include
a material good or a quantity of material goods, and which is the
subject of any purchase or other exchange. For the purposes of this
article, technology shall be deemed a service. Services, as defined in
this article, shall not apply to those contracts for architectural,
engineering or surveying services, or those contracts approved in
accordance with article eleven-B of this chapter.
S 25. Paragraph a of subdivision 5 of section 355 of the education
law, as amended by section 1 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
a. (i) purchase materials, PROPRIETARY ELECTRONIC INFORMATION
RESOURCES INCLUDING BUT NOT LIMITED TO ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING
TOOLS, INDEXES AND ABSTRACTS, equipment and supplies, including computer
equipment and motor vehicles, (ii) execute contracts for construction
and construction-related services contracts, and (iii) contract for
printing, without prior approval by any other state officer or agency,
but subject to rules and regulations of the state comptroller not other-
wise inconsistent with the provisions of this section and in accordance
with guidelines promulgated by the state university board of trustees
after consultation with the state comptroller;
S 25-a. Paragraph a of subdivision 5 of section 355 of the education
law, as amended by chapter 682 of the laws of 2007, is amended to read
as follows:
a. (i) purchase materials, PROPRIETARY ELECTRONIC INFORMATION
RESOURCES INCLUDING BUT NOT LIMITED TO ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING
TOOLS, INDEXES AND ABSTRACTS equipment and supplies, including computer
equipment and motor vehicles, where the amount for a single purchase
does not exceed twenty thousand dollars, (ii) execute contracts for
services and construction contracts to an amount not exceeding twenty
thousand dollars, and (iii) contract for printing to an amount not
exceeding five thousand dollars, without prior approval by any other
state officer or agency, but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with the rules and regulations promulgated by
the state university board of trustees after consultation with the state
comptroller. In addition, the trustees, after consultation with the
commissioner of general services, are authorized to annually negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from these limits. Rules and regulations promulgated by the state
university board of trustees shall, to the extent practicable, require
that competitive proposals be solicited for purchases, and shall include
requirements that purchases and contracts authorized under this section
be at the lowest available price, including consideration of prices
available through other state agencies, consistent with quality require-
ments, and as will best promote the public interest. Such purchases may
be made directly from any contractor pursuant to any contract for
S. 6255 75 A. 9055
commodities let by the office of general services or any other state
agency;
S 26. Subdivision 3 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
3. "Commodity" or "commodities" means[, except with respect to
contracts for state printing,] material goods, supplies, products,
construction items, ELECTRONIC INFORMATION RESOURCES or other standard
articles of commerce [other than technology] which are the subject of
any purchase or other exchange.
S 27. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
K. "AUTHORIZED USER" OR "NON-STATE AGENCY PURCHASER" MEANS (I) ANY
OFFICER, BODY OR AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OR A
DISTRICT THEREIN, OR FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS SUCH
ARE DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, TO MAKE
PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY THROUGH THE OFFICE OF
GENERAL SERVICES' CENTRALIZED CONTRACTS, PURSUANT TO THE PROVISIONS OF
SECTION ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; (II) ANY COUNTY
EXTENSION SERVICE ASSOCIATION AS AUTHORIZED UNDER SUBDIVISION EIGHT OF
SECTION TWO HUNDRED TWENTY-FOUR OF THE COUNTY LAW; (III) ANY ASSOCIATION
OR OTHER ENTITY AS SPECIFIED IN AND IN ACCORDANCE WITH SECTION ONE
HUNDRED NINE-A OF THE GENERAL MUNICIPAL LAW; (IV) ANY ASSOCIATION,
CONSORTIUM OR GROUP OF PRIVATELY OWNED OR MUNICIPAL, FEDERAL OR STATE
OWNED OR OPERATED HOSPITALS, MEDICAL SCHOOLS, OTHER HEALTH RELATED
FACILITIES OR VOLUNTARY AMBULANCE SERVICES, WHICH HAVE ENTERED INTO A
CONTRACT AND MADE MUTUAL ARRANGEMENTS FOR THE JOINT PURCHASE OF COMMOD-
ITIES, SERVICES AND TECHNOLOGY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
THREE-A OF THE PUBLIC HEALTH LAW; (V) ANY INSTITUTION FOR THE INSTRUC-
TION OF THE DEAF OR OF THE BLIND LISTED IN SECTION FORTY-TWO HUNDRED ONE
OF THE EDUCATION LAW; (VI) ANY QUALIFIED NON-PROFIT-MAKING AGENCY FOR
THE BLIND APPROVED BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
(VII) ANY QUALIFIED CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE SEVERELY
DISABLED APPROVED BY THE COMMISSIONER OF EDUCATION; (VIII) ANY HOSPITAL
OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW; (IX) ANY PRIVATE NOT-FOR-PROFIT
MENTAL HYGIENE FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
LAW; (X) ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE
STATE, INCLUDING THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE
INTERSTATE ENVIRONMENTAL COMMISSION; (XI) ANY PUBLIC LIBRARY, ASSOCI-
ATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW YORK
LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCIATION OF LIBRARY
BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE OPERATED BY FOR
PROFIT ENTITIES; (XII) ANY OTHER ASSOCIATION OR ENTITY AS SPECIFIED IN
STATE LAW, TO MAKE PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY
THROUGH THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS. SUCH
QUALIFIED NON-PROFIT-MAKING AGENCIES FOR THE BLIND AND SEVERELY DISABLED
MAY MAKE PURCHASES FROM THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SUBJECT TO RULES
PURSUANT TO THE CORRECTION LAW.
S 28. Subdivision 5 of section 362 of chapter 83 of the laws of 1995
amending the state finance law and other laws relating to bonds, notes
and revenues, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have become a law and shall be
S. 6255 76 A. 9055
deemed to have been in full force and effect on and after April 1,
1995[; provided that section 163 of the state finance law, as added by
section thirty-three of this act shall remain in full force and effect
until June 30, 2012 at which time it shall expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of any such
contract notwithstanding the expiration of certain provisions of this
act].
S 29. Section 179-ee of the state finance law is amended by adding a
new subdivision 3 to read as follows:
3. A MODIFICATION TO A CONTRACT THAT WOULD RESULT IN A TRANSFER OF
FUNDS AMONG PROGRAM ACTIVITIES OR BUDGET COST CATEGORIES BUT DOES NOT
AFFECT THE AMOUNT, CONSIDERATION, SCOPE OR OTHER TERMS OF SUCH CONTRACT
SHALL NOT, BY ITSELF, REQUIRE SUCH CONTRACT AND MODIFICATION TO BE
SUBMITTED TO THE COMPTROLLER FOR REVIEW; PROVIDED, HOWEVER, THAT IF SUCH
MODIFICATION IS IN AN AMOUNT EQUAL TO OR GREATER THAN TEN PERCENT OF THE
TOTAL VALUE OF THE CONTRACT, THE COMPTROLLER MAY REQUIRE THAT SUCH
MODIFICATION BE SUBMITTED TO HIM OR HER FOR REVIEW.
S 30. This act shall take effect immediately, provided, however, that
procurement contracts for which bid solicitations have been issued prior
to the effective date of this act shall be subject to the provisions of
law in effect at the time of issuance; and provided, however, that the
amendments to section 104 of the general municipal law made by section
six of this act shall be subject to the expiration and reversion of such
section pursuant to section 9 of subpart A of part C of chapter 97 of
the laws of 2011, when upon such date the provisions of section twenty-
one of this act shall take effect; and provided, however, that the
amendments to paragraph a of subdivision 5 of section 355 of the educa-
tion law made by section twenty-five of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 4 of
subpart B of part D of chapter 58 of the laws of 2011, when upon such
date the provisions of section twenty-five-a of this act shall take
effect; and provided further, however, that section twenty-eight of this
act shall be deemed to have been in full force and effect on and after
April 1, 2012.
PART M
Section 1. The civil service law is amended by adding a new section 66
to read as follows:
S 66. TERM APPOINTMENTS IN PROFESSIONAL, SCIENTIFIC, TECHNICAL OR
OTHER EXPERT SERVICES. 1. THE DEPARTMENT MAY AUTHORIZE A TERM APPOINT-
MENT WITHOUT EXAMINATION TO A TEMPORARY PROFESSIONAL, SCIENTIFIC, TECH-
NICAL OR OTHER POSITION REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS.
SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE THE APPOINTING
AUTHORITY CERTIFIES TO THE DEPARTMENT THAT BECAUSE OF THE TYPE OF
SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER OF SUCH
SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION OF ANY
KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT TO THE
PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI-
FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH AN
APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERIOD FOR SUCH TERM
APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED
SIXTY MONTHS AND SHALL NOT BE EXTENDED. THE MAXIMUM NUMBER OF PERSONS IN
SUCH APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED AT ANY ONE TIME. AT
LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS
S. 6255 77 A. 9055
SECTION THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST
IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED
QUALIFICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID
POSITION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS
COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE
ABLE TO COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO
OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPRO-
PRIATE QUALIFICATIONS.
2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSI-
TIONS, THE TERM APPOINTMENTS PURSUANT TO THIS SECTION AT AN AGENCY SHALL
BE ABOLISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSITIONS
AT SUCH AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
MENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO THOSE
ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIFICATIONS, OR
ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING AUTHORITY AS
NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27
S 2. Section 51 of the civil service law, as amended by chapter 836 of
the laws of 1968, is amended to read as follows:
S 51. Filling vacancies by open competitive OR OPEN PROMOTION examina-
tion. 1. Upon the written request of the appointing officer stating
[his] THE reasons therefor, or on its own initiative, the state civil
service department or appropriate municipal commission may determine to
conduct an open competitive examination for filling a vacancy or vacan-
cies instead of a promotion examination.
2. Except where the state civil service department or appropriate
municipal commission finds that there are less than three persons eligi-
ble for promotion in the promotion unit where the vacancy exists, or in
the department, if such vacancy is not in a separate promotion unit,
[and] OR except where the department or municipal commission determines
to conduct an open competitive and a promotion examination simultaneous-
ly, OR EXCEPT WHERE THE STATE CIVIL SERVICE DEPARTMENT DETERMINES TO
CONDUCT AN OPEN PROMOTION EXAMINATION PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION, a notice of intention to conduct such open competitive
examination OR OPEN PROMOTION EXAMINATION or a copy of the appointing
officer's request for open competitive examination OR OPEN PROMOTION
EXAMINATION, as the case may be, shall be publicly and conspicuously
S. 6255 78 A. 9055
posted in the offices of both the appointing officer and the state civil
service department or appropriate municipal commission and such request
shall not be acted upon until said notice has been posted as aforesaid
for a period of not less than fifteen days.
3. Any employee who believes that a promotion examination should be
held for filling such vacancy may submit to the state civil service
department or appropriate municipal commission his OR HER request, in
writing, for a promotion examination rather than an open competitive OR
OPEN PROMOTION examination, stating the reasons why he OR SHE believes
it to be practicable and in the public interest to fill the vacancy by
promotion examination.
4. THE STATE CIVIL SERVICE DEPARTMENT, UPON THE WRITTEN REQUEST OF AN
APPOINTING OFFICER, OR ON ITS OWN INITIATIVE, MAY DETERMINE TO CONDUCT
AN OPEN PROMOTION EXAMINATION FOR FILLING A VACANCY OR VACANCIES IN
PROFESSIONAL, TECHNICAL, SCIENTIFIC OR ADMINISTRATIVE POSITIONS. SUCH
OPEN PROMOTION EXAMINATION SHALL BE OPEN BOTH TO PERSONS WHO WOULD
OTHERWISE BE ELIGIBLE TO PARTICIPATE IN AN OPEN COMPETITIVE EXAMINATION
FOR SUCH POSITIONS AND TO PERSONS WHO WOULD OTHERWISE BE ELIGIBLE TO
PARTICIPATE IN A PROMOTION EXAMINATION FOR SUCH POSITIONS, PROVIDED
HOWEVER, THAT PERSONS MAY ONLY PARTICIPATE IN EITHER THE PROMOTION OR
OPEN COMPETITIVE EXAMINATION. ELIGIBLE LISTS SHALL BE CERTIFIED IN THE
MANNER PROVIDED IN SUBDIVISION FOUR OF SECTION SIXTY OF THIS ARTICLE.
S 3. Section 60 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
4. CERTIFICATION OF ELIGIBLE LISTS FROM AN OPEN PROMOTION EXAMINATION.
THE STATE DEPARTMENT OF CIVIL SERVICE SHALL CERTIFY A PROMOTION ELIGIBLE
LIST AND AN OPEN COMPETITIVE ELIGIBLE LIST CONTAINING THE NAMES OF ALL
SUCCESSFUL CANDIDATES RESULTING FROM AN OPEN PROMOTION EXAMINATION HELD
PURSUANT TO SUBDIVISION FOUR OF SECTION FIFTY-ONE OF THIS ARTICLE. THE
PROMOTION ELIGIBLE LIST SHALL BE ESTABLISHED IN THE SAME MANNER AND
SUBJECT TO THE SAME CONDITIONS AS WOULD OTHERWISE APPLY IF SUCH EXAMINA-
TION HAD BEEN A PROMOTION EXAMINATION; THE RATINGS AND RANKS OF THE
CANDIDATES SHALL BE REVISED BY INCLUDING CREDIT FOR SENIORITY AND APPLY-
ING ADDITIONAL CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE
TO PROMOTION EXAMINATIONS. THE OPEN COMPETITIVE LIST SHALL RANK ALL
SUCCESSFUL CANDIDATES IN THE ORDER OF THEIR FINAL RATINGS; THE RATINGS
AND RANKS OF THE CANDIDATES SHALL BE REVISED BY INCLUDING ADDITIONAL
CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE TO EXAMINA-
TIONS FOR ORIGINAL APPOINTMENT. AN APPOINTING OFFICER MAY USE EITHER
LIST TO FILL A VACANCY.
S 4. Subdivision 4 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, is amended to read as follows:
4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish interdepart-
mental promotion ELIGIBLE lists which shall not be certified to a
department until after the promotion eligible list for that department
has been exhausted, EXCEPT THAT WHERE IT WOULD BE IN THE BEST INTEREST
OF THE STATE SERVICE, THE STATE CIVIL SERVICE DEPARTMENT MAY CERTIFY AN
INTERDEPARTMENTAL PROMOTION ELIGIBLE LIST AND DEPARTMENTAL PROMOTION
ELIGIBLE LIST FOR FILLING POSITIONS WITHOUT PREFERENCE TO THE DEPART-
MENTAL PROMOTION ELIGIBLE LIST.
S 5. Subdivision 11 of section 52 of the civil service law, as amended
by chapter 214 of the laws of 1989, is amended to read as follows:
11. Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a posi-
S. 6255 79 A. 9055
tion in the non-competitive or labor class of such service the same
opportunity as employees in the competitive class to take promotion
examinations [if such examinations are to be held in conjunction with
open competitive examinations].
S 6. Subdivision 6 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, paragraph (a) as amended by chapter 210
of the laws of 1971 and paragraph (b) as separately amended by chapters
836 and 837 of the laws of 1968, is amended to read as follows:
6. Promotion and transfer to administrative positions in the state
service. (a) For the purpose of this subdivision, the term "administra-
tive positions" shall include competitive class OR NON-COMPETITIVE CLASS
positions in the state service in law, personnel, budgeting, methods and
procedures, management, records analysis, and administrative research,
as determined by the state civil service department.
(b) Except as provided in section fifty-one OF THIS ARTICLE, vacancies
in administrative positions IN THE COMPETITIVE CLASS shall be filled, so
far as practicable, by promotion as prescribed in subdivision one of
this section, which may be made from among persons holding administra-
tive positions in lower grades without regard to the specialties of
their lower grade positions. The civil service department, upon the
request of an appointing officer stating the reasons why the filling of
administrative positions in grade fourteen or higher under his jurisdic-
tion from an interdepartmental promotion list or a promotion list
including persons employed in other units of government would be in the
best interests of the state service, or upon its own initiative whenever
it finds that the filling of administrative positions in grade fourteen
or higher in any department from such an interdepartmental or intergov-
ernmental promotion list would be in the best interests of the state
service, may certify such an interdepartmental or intergovernmental
promotion list for filling such positions, without preference to depart-
mental lists or to eligibles holding lower grade positions in the
department or promotion unit in which such positions exist.
(c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties which involve substantially
equivalent COMPETITIVE EXAMINATIONS OR NON-COMPETITIVE tests or quali-
fications, subject to such conditions and limitations as the state civil
service department may prescribe.
(d) The provisions of this subdivision shall be applicable and
controlling, notwithstanding any other provisions of this section or
chapter or any other law.
S 7. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
1. General provisions. Except as provided in subdivisions four and six
of this section no employee IN THE COMPETITIVE OR NON-COMPETITIVE CLASS
shall be transferred to a position for which there is required by this
chapter or the rules established hereunder an examination involving
essential tests or qualifications different from or higher than those
required for the position held by such employee. The state and municipal
commissions may adopt rules governing transfers between positions in
their respective jurisdictions and may also adopt reciprocal rules
providing for the transfer of employees from one governmental jurisdic-
tion to another. No employee shall be transferred without his or her
consent except as provided in subdivision six of this section or upon
the transfer of functions as provided in subdivision two of this
section. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY OF THIS CHAPTER
OR ANY OTHER LAW, TRANSFERS IN THE STATE SERVICE PURSUANT TO THIS SUBDI-
S. 6255 80 A. 9055
VISION FROM NON-COMPETITIVE CLASS POSITIONS TO COMPETITIVE CLASS POSI-
TIONS SHALL BE PERMITTED ONLY WHERE THE NON-COMPETITIVE TESTS OR QUALI-
FICATIONS INCLUDE POSSESSION OF CREDENTIALS, LICENSES, OR CERTIFICATIONS
GRANTED BY APPROPRIATE REGULATORY BODIES WHICH ARE SIMILAR TO THE
REQUIRED ESSENTIAL TESTS OR QUALIFICATIONS OF THE COMPETITIVE CLASS
POSITION.
S 8. Subdivision 4 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
4. Transfer and change of title. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any
permanent employee in the competitive, NON-COMPETITIVE, OR LABOR class
who meets all of the requirements for a competitive examination, and is
otherwise qualified as determined by the state civil service commission
or the municipal civil service commission, as the case may be, shall be
eligible for participation in a non-competitive examination in a differ-
ent position classification, provided, however, that such employee is
holding a position in a similar grade.
S 9. Section 70 of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. TRANSFER OF PERSONNEL UPON THE CONSOLIDATION OR MERGER OF AGENCIES
OR DEPARTMENTS OF THE STATE. OFFICERS AND EMPLOYEES TRANSFERRED PURSUANT
TO SUBDIVISION ONE OR TWO OF THIS SECTION TO A NEW DEPARTMENT OR AGENCY
SHALL BE TRANSFERRED IN THEIR CURRENT CIVIL SERVICE CLASSIFICATION AND
STATUS. TRANSFERRED PERMANENT EMPLOYEES WHOSE POSITIONS ARE SUBSEQUENTLY
RECLASSIFIED TO ALIGN WITH THE DUTIES AND RESPONSIBILITIES OF THEIR
POSITIONS WITHIN THE NEW DEPARTMENT OR AGENCY SHALL HOLD SUCH POSITIONS
WITHOUT FURTHER EXAMINATION OR QUALIFICATION. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS CHAPTER, THE NAMES OF PERMANENT EMPLOYEES TRANSFERRED
FROM A STATE DEPARTMENT OR AGENCY TO A NEW DEPARTMENT OR AGENCY WHO WERE
ON A PROMOTION ELIGIBLE LIST FOR APPOINTMENT IN THE AGENCY OR DEPARTMENT
FROM WHICH SUCH EMPLOYEES WERE TRANSFERRED SHALL BE ADDED TO THE
PROMOTION ELIGIBLE LIST IN THE NEW DEPARTMENT OR AGENCY, AS THE STATE
CIVIL SERVICE DEPARTMENT DEEMS APPROPRIATE.
S 10. This act shall take effect immediately; provided, however, that
section one of this act shall be deemed to have been in full force and
effect on and after December 31, 2011.
PART N
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement fund (050):
a. Tuition reimbursement account (01).
b. Proprietary vocational school supervision account (02).
2. Local government records management improvement fund (052):
a. Local government records management account (01).
3. Dedicated highway and bridge trust fund (072):
a. Highway and bridge capital account (01).
b. State university residence hall rehabilitation fund (074).
4. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01).
5. Clean water/clean air implementation fund (079).
6. State lottery fund (160):
a. Education - New (03).
S. 6255 81 A. 9055
b. VLT - Sound basic education fund (06).
7. Medicaid management information system escrow fund (179).
8. Sewage treatment program management and administration fund (300).
9. Environmental conservation special revenue fund (301):
a. Waste cleanup and management account (48).
b. Hazardous bulk storage account (F7).
c. Low level radioactive waste siting account (K5).
d. Recreation account (K6).
e. Public safety recovery account (PS).
f. Conservationist magazine account (S4).
g. Environmental regulatory account (S5).
h. Natural resource account (S6).
i. Mined land reclamation program account (XB).
j. Federal grants indirect cost recovery account (IC).
10. Environmental protection and oil spill compensation fund (303).
11. Hazardous waste remedial fund (312):
a. Site investigation and construction account (01).
b. Hazardous waste remedial clean up account (06).
12. Mass transportation operating assistance fund (313):
a. Public transportation systems account (01).
b. Metropolitan mass transportation (02).
13. Clean air fund (314):
a. Operating permit program account (01).
b. Mobile source account (02).
14. Centralized services fund (323).
15. State exposition special fund (325).
16. Agency enterprise fund (331):
a. OGS convention center account (55).
17. Agencies internal service fund (334):
a. Archives records management account (02).
b. Federal single audit account (05).
c. Civil service law: sec 11 admin account (09).
d. Civil service EHS occupational health program account (10).
e. Banking services account (12).
f. Cultural resources survey account (14).
g. Neighborhood work project (17).
h. Automation & printing chargeback account (18).
i. OFT NYT account (20).
j. Data center account (23).
k. Human service telecom account (24).
l. Centralized Technology services account (30).
m. OPWDD copy center account (26).
n. Intrusion detection account (27).
o. Domestic violence grant account (28).
p. Learning management system account (ZV).
18. Miscellaneous special revenue fund (339):
a. Statewide planning and research cooperative system account (03).
b. OPWDD provider of service account (05).
c. New York state thruway authority account (08).
d. Mental hygiene patient income account (13).
e. Financial control board account (15).
f. Regulation of racing account (16).
g. New York metropolitan transportation council account (17).
h. Quality of care account (20).
i. Cyber upgrade account (25).
j. Certificate of need account (26).
S. 6255 82 A. 9055
k. Hospital and nursing home management account (44).
l. State university dormitory income reimbursable account (47).
m. Energy research account (60).
n. Criminal justice improvement account (62).
o. Fingerprint identification and technology account (68).
p. Environmental laboratory reference fee account (81).
q. Clinical laboratory reference system assessment account (90).
r. Public employment relations board account (93).
s. Radiological health protection account (95).
t. Teacher certification account (A4).
u. Banking department account (A5).
v. Cable television account (A6).
w. Indirect cost recovery account (AH).
x. High school equivalency program account (AI).
y. Rail safety inspection account (AQ).
z. Multi-agency training account (AY).
aa. Critical infrastructure account (B3).
bb. Insurance department account (B6).
cc. Bell jar collection account (BJ).
dd. Industry and utility service account (BK).
ee. Real property disposition account (BP).
ff. Parking account (BQ).
gg. Asbestos safety training program account (BW).
hh. Public service account (C3).
ii. Batavia school for the blind account (D9).
jj. Investment services account (DC).
kk. Surplus property account (DE).
ll. Financial oversight account (DI).
mm. Regulation of indian gaming account (DT).
nn. Interest assessment account (DZ).
oo. Office of the professions account (E3).
pp. Rome school for the deaf account (E6).
qq. Seized assets account (E8).
rr. Administrative adjudication account (E9).
ss. Federal salary sharing account (EC).
tt. New York City Assessment Account (EM).
uu. Cultural education account (EN).
vv. Examination and miscellaneous revenue account (ER).
ww. Transportation regulation account (F1).
xx. Local services account (G3).
yy. DHCR mortgage servicing account (H2).
zz. Department of motor vehicles compulsory insurance account (H7).
aaa. Housing indirect cost recovery account (HI).
bbb. DHCR-HCA application fee account (J5).
ccc. Federal gasoline and diesel fuel excise tax account (L6).
ddd. Low income housing monitoring account (NG).
eee. Procurement opportunities newsletter account (P4).
fff. Corporation administration account (P6).
ggg. Montrose veteran's home account (Q6).
hhh. Excelsior capital corporation reimbursement account (R1).
iii. Motor fuel quality account (R4).
jjj. Deferred compensation administration account (R7).
kkk. Rent revenue other account (RR).
lll. Rent revenue account (S8).
mmm. Tax revenue arrearage account (TR).
nnn. Solid waste management account (W3).
S. 6255 83 A. 9055
ooo. Occupational health clinics account (W4).
ppp. Capacity contracting (XU).
qqq. Administrative cost recovery -
tax return preparer registration fee account (Y8).
rrr. Sales tax re-registration fee account (YD).
sss. Equitable sharing agreement account (YP).
ttt. Point insurance reduction program account.
uuu. Internet point insurance reduction program account (IC).
vvv. Mental hygiene program fund account (10).
www. Third party debt collection account.
xxx. Regulation of manufactured housing account (CM).
yyy. Business and licensing services account (AG).
zzz. Consumer protection account (F2).
19. State university income fund (345):
a. State university general income offset account (11).
20. State police and motor vehicle law enforcement fund (354):
a. State police motor vehicle law enforcement account (02).
21. Youth facilities improvement fund (357):
a. Youth facilities improvement account (01).
22. Highway safety program fund (362):
a. Highway safety program account (01).
23. Drinking water program management and administration fund (366):
a. EFC drinking water program account (01).
b. DOH drinking water program account (02).
24. New York city county clerks offset fund (368):
a. NYCCC operating offset account (01).
25. Housing assistance fund (374).
26. Housing program fund (376).
27. Department of transportation - engineering services fund (380):
a. Highway facility purpose account (01).
28. Miscellaneous capital projects fund (387):
a. Clean air capital account (08).
b. New York racing account.
29. Mental hygiene facilities capital improvement fund (389).
30. Joint labor/management administration fund (394):
a. Joint labor/management administration fund (01).
31. Audit and control revolving fund (395):
a. Executive direction internal audit account (04).
b. CIO Information technology centralized services account (zz).
32. Health insurance internal service fund (396):
a. Health insurance internal service account (00).
b. Civil service employee benefits div admin (01).
33. Correctional industries revolving fund (397).
34. Correctional facilities capital improvement fund (399).
35. HCRA resources fund (061):
a. EPIC premium account (J6).
b. Hospital based grants program account (AF).
c. Child health plus program account (29).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food nutrition services fund (261).
2. Federal health and human services fund (265).
S. 6255 84 A. 9055
3. Federal education grants fund (267).
4. Federal block grant fund (269).
5. Federal operating grants fund (290).
6. Federal capital projects fund (291).
7. Federal unemployment insurance administration fund (480).
8. Federal unemployment insurance occupational training fund (484).
9. Federal employment and training grants (486).
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2013, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), business and licensing services account
(AG), to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
4. $100,000 from the miscellaneous special revenue fund (339), manu-
factured housing account (CM), to the general fund.
5. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), administrative costs account (AB), to the
general fund.
Education:
1. $2,217,000,000 from the general fund to the state lottery fund
(160), education account (03), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1612 of the tax
law.
2. $836,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
5. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
6. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
7. $80,000,000 from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
8. $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
9. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
S. 6255 85 A. 9055
10. $8,318,000 from the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
11. $45,000,000 from the State University Income Fund (345), State
University Hospitals Income Reimbursable Account (22) to the general
fund for hospital debt service for the period April 1, 2012 through
March 31, 2013.
12. $884,000 from the state university income fund (345), Long Island
Veterans' Home Account (09) to the general fund.
Environmental Affairs:
1. $500,000 from the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
2. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
3. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (302) as
necessary to avoid diversion of conservation funds.
4. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the special revenue fund (339) federal grant indirect cost
recovery account (Z1).
5. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund
(339), I love NY water account (39).
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund (339), office of human resources development state match
account (2C).
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
3. $6,000,000 from any of the office of children and family services
special revenue federal funds to the general fund for title IV-E
reimbursement of youth facility costs.
4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund (339),
connections account (WK).
6. $41,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the general fund.
7. $155,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
S. 6255 86 A. 9055
8. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
9. $50,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund (339),
multi-agency training contract account (AY).
10. $152,400,000 from the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
11. $621,850 from the general fund to the combined gifts, grants, and
bequests fund (020), WB Hoyt Memorial account (78).
12. $1,300,000 from any of the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special revenue fund (339) welfare inspector general
administrative reimbursement account (WW).
13. $4,822,000 from the miscellaneous special revenue fund (339) state
central registry (CY) to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
3. $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the
general fund.
6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund (339),
surplus property account (DE), to the general fund.
8. $19,000,000 from the general fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
9. $23,000,000 from the miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
10. $1,826,000 from the miscellaneous special revenue fund (339)
revenue arrearage account (CR), to the miscellaneous special revenue
fund (339) authority budget office account.
11. $1,000,000 from the miscellaneous special revenue fund (339),
parking services account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state parking facili-
ties.
12. $55,000,000 from the general fund to the miscellaneous special
revenue fund (339), statewide financial system account (FM).
13. $12,300,000 from the general fund, to the office for technology
internal service fund (334), centralized technology services account
(30), for the purpose of developing a statewide licensing system.
14. $12,000,000 from the general fund to the office for technology
internal service fund (334), central technology services account (30),
for the purpose of enterprise technology projects.
Health:
1. $12,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
S. 6255 87 A. 9055
2. $139,560,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
3. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that account
in the previous fiscal year.
4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous special revenue fund (339), statewide planning and
research cooperation system (SPARCS) program account (03).
5. $250,000 from the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
6. $500,000 from the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
7. $1,000,000 from the miscellaneous special revenue fund (339),
administration account (AP), to the general fund.
8. $600,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), federal state health reform partnership
account (FS).
9. $50,000,000 from the special revenue fund (061), HCRA resources
fund, to the miscellaneous special revenue fund (339), empire state stem
cell trust fund account (SR).
10. $1,250,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account
(35).
11. $3,700,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
12. $2,500,000 from the general fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
Labor:
1. $700,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the child performer
protection fund (025), child performer protection account (CP).
2. $8,000,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
3. $6,500,000 from the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
4. $2,700,000 from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
5. $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health inspection
account (02), to the general fund.
Mental Hygiene:
1. $5,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
S. 6255 88 A. 9055
2. $240,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
3. $220,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
4. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
5. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
6. $300,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
7. $180,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
8. $200,000 from the chemical dependence service fund (346) to the
general fund.
9. $200,000 from the combined gifts, grants and bequests fund (020),
disability and technical assistance account (D1) to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
3. $9,500,000 from the general fund to the correctional industries
revolving fund (397), correctional industries internal service account
(00).
4. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
5. $16,000,000 from the general fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
6. $20,000,000 from any office of homeland security account within the
federal miscellaneous operating grants fund (290), receiving money
through the homeland security grants program, to the general fund.
7. $26,900,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
8. $20,000,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the general
fund.
9. $106,000,000 from the state police and motor vehicle law enforce-
ment and motor vehicle theft and insurance fund prevention fund (354),
state police motor vehicle enforcement account (02) to the general fund
for state operation expenses of the division of state police.
10. $21,500,000 from the general fund to the correctional facilities
capital improvement fund (399).
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund
(290) to the special revenue fund (339), tri-state federal regional
planning account (17).
2. $20,147,000 from the federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
3. $15,368,000 from the miscellaneous special revenue fund (339),
compulsory insurance account (H7), to the general fund.
4. $12,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313), public transportation systems operating
assistance account (01).
S. 6255 89 A. 9055
5. $597,317,000 from the general fund to the dedicated highway and
bridge trust fund (072).
6. $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
7. $6,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
8. $12,000 from the general fund to the miscellaneous special revenue
fund (339), federal seized asset account (GE).
9. $10,000,000 from the miscellaneous special revenue fund (339),
department of transportation accident damage recovery account (G7), to
the dedicated highway and bridge trust fund (072).
10. $255,000,000 from the general fund to the MTA financial assistance
fund (225), mobility tax trust account (01).
Miscellaneous:
1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (064).
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2013:
1. Upon request of the commissioner of environmental conservation, up
to $10,940,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,197,800 from
the environmental protection and oil spill compensation fund (303), and
$1,751,600 from the conservation fund (302), to the environmental
conservation special revenue fund (301), indirect charges account (BJ).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
6. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund (339), administration
account (AP).
7. On or about March 31, 2012, the comptroller is authorized to and
directed to transfer all funds from the miscellaneous special revenue
fund (339), commission of investigation seized assets account (EK) to
the miscellaneous special revenue fund (339), state police seized asset
account (E8).
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
S. 6255 90 A. 9055
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. On or before March 31, 2013, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund (334),
banking services account (12), for the purpose of meeting direct
payments from such account.
S 6. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 6-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2013, up to $16,000,000 from the State
university income fund (345) general revenue account (10) to the State
general fund for debt service costs related to capital project costs for
the NY-SUNY 2020 challenge grant program.
S 7. Notwithstanding any law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state university fund (345), state university general
revenue offset account (12) on or before March 31, 2013.
S 8. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345), state university hospitals income reimbursable account (22)
during the period July 1, 2012 through June 30, 2013 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $968,550,000 from the general fund to the state university income
fund (345), state university general revenue offset account (12) during
the period of July 1, 2012 through June 30, 2013 to support operations
at the state university.
S 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses of hospital
operations and capital expenditures at the state university hospitals,
and the state university income fund (345) Long Island veterans' home
account (09) to the state university capital projects fund (384) on or
before June 30, 2013.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
S. 6255 91 A. 9055
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund (344), Stony Brook hospital
collection account (07), Brooklyn hospital collection account (08), and
Syracuse hospital collection account (09) to the state university income
fund (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in the state university
income fund (345), state university hospitals income reimbursable
account (22) to transfer moneys, in amounts sufficient to permit the
full transfer of moneys authorized for transfer, to the general fund for
payment of debt service related to the SUNY hospitals. Notwithstanding
any law to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from the state university income
fund (345) to the state university income fund (345), state university
hospitals income reimbursable account (22) in the event insufficient
funds are available in the state university income fund (345), state
university hospitals income reimbursable account (22) to pay hospital
operating costs or to transfer moneys, in amounts sufficient to permit
the full transfer of moneys authorized for transfer, to the general fund
for payment of debt service related to the SUNY hospitals on or before
March 31, 2013.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2013, from and to any of the following
accounts: the miscellaneous special revenue fund (339), patient income
account (13), the miscellaneous special revenue fund (339), mental
hygiene program fund account (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 million.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers expressly authorized in the 2012-13
budget. Transfers from federal funds, debt service funds, capital
projects funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation, are not permitted pursuant to
this authorization. The director of the budget shall notify both houses
of the legislature in writing prior to initiating transfers pursuant to
this authorization.
S 14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution to the
state treasury to the credit of the general fund in an amount of up to
$65,000,000 for the fiscal year commencing April 1, 2012. The power
authority of the state of New York will transfer up to $25,000,000 by
June 30, 2012 and will transfer the remainder of any such contribution
by January 31, 2013.
S 15. In addition to any payment made by a public benefit corporation
pursuant to an assessment imposed under sections 2975, 2975-a, 2976 and
2976-a of the public authorities law, a public benefit corporation is
authorized to make voluntary contributions to the state general fund or
S. 6255 92 A. 9055
to any other public benefit corporation for any lawful purpose at any
time from any public benefit corporation funds in such amounts as deemed
to be feasible and advisable by such public benefit corporation's
governing board after due consideration of the public benefit corpo-
ration's legal and financial obligations. Notwithstanding any other law,
the payment of a voluntary payment pursuant to this subdivision is
deemed to be a valid and proper purpose for which available funds may be
applied. Voluntary contributions made to the state pursuant to this
subdivision shall be payable to the state treasury to the credit of the
general fund.
S 16. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 16 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, AND NOTWITHSTANDING THE PROVISIONS OF CHAPTER NINETY-FOUR OF THE
LAWS OF TWO THOUSAND ELEVEN, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[ten] TWELVE, AND DURING EACH FISCAL YEAR THEREAFTER, the state comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant to this section from amounts collected pursuant to article
twenty-two of the tax law [and pursuant to a schedule submitted by the
director of the budget, up to $3,292,520,000, as may be certified in
such schedule as] THE AMOUNTS necessary to meet the purposes of such
fund for [the] EACH fiscal year [beginning April first, two thousand
eleven] PURSUANT TO A SCHEDULE SUBMITTED BY THE DIRECTOR OF THE BUDGET.
THE DIRECTOR OF THE BUDGET SHALL NOTIFY BOTH HOUSES OF THE LEGISLATURE
IN WRITING WHEN SUBMITTING SUCH SCHEDULE OF DEPOSITS TO THE STATE COMP-
TROLLER.
S 16-a. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 8 of part F of chapter 109 of the laws of 2006, is
REPEALED.
S 17. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2012. Reimbursements shall
be available for spending from appropriations made to the department of
correctional services in the general fund-state purposes accounts by a
chapter of the laws of 2012 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
S 18. Subdivision 6 of section 4 of the state finance law, as amended
by section 16 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the [chairpersons] CHAIRS of the senate finance committee
and the assembly ways and means committee, file with the state comp-
troller an identification of specific monies to be so deposited. Any
S. 6255 93 A. 9055
subsequent change regarding the monies to be so deposited shall be filed
by the director of the budget, as soon as practicable, but not less than
three days following preliminary submission to the [chairpersons] CHAIRS
of the senate finance committee and the assembly ways and means commit-
tee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
[The provisions of this subdivision shall expire on March thirty-
first, two thousand twelve.]
S 18-a. The state comptroller is hereby authorized and directed to
abolish or consolidate with the state general fund the associated funds
and/or accounts established pursuant to section 92-a of the state
finance law, subdivision 5 of section 233-a of the education law,
section 94-d of the state finance law, section 97-cc of the state
finance law, section 90-b of the state finance law, section 91-g of the
state finance law, section 92-i of the state finance law, section 92-j
of the state finance law, section 92-m of the state finance law, section
92-w of the state finance law, section 94-c of the state finance law,
section 96 of the state finance law, section 97-o of the state finance
law, section 97-ff of the state finance law, section 97-ss of the state
finance law, section 97-fff of the state finance law, section 97-uuu of
the state finance law, section 97-www of the state finance law, section
97-aaaa of the state finance law, section 97-bbbb of the state finance
law, section 99-g of the state finance law, section 99-i of the state
finance law, subdivision 3-a of section 378 of the education law, para-
graph f of subdivision 31 of section 1680 of the public authorities law,
section 1022 of the private housing finance law, chapter 50 of the laws
of 1993, section 12 of chapter 1040 of the laws of 1981 and section 97-n
of the state finance law.
S 18-b. Sections 90-b, 91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d,
96, 97-n, 97-o, 97-cc, 97-ff, 97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa,
97-bbbb, 99-g and 99-i of the state finance law are REPEALED.
S 18-c. Subdivision 5 of section 233-a and subdivision 3-a of section
378 of the education law are REPEALED.
S 18-d. Paragraph f of subdivision 31 of section 1680 of the public
authorities law is REPEALED.
S 18-e. Section 1022 of the private housing finance law is REPEALED.
S 18-f. Section 12 of chapter 1040 of the laws of 1981 and chapter 50
of the laws of 1993 are REPEALED.
S 19. Subdivision 4 of section 40 of the state finance law, as amended
by section 17 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
4. Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses for other centralized services fund
programs without limit. Every appropriation shall also be available for
the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
[The provisions of this subdivision shall expire March thirty-first,
two thousand twelve.]
S 20. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
S. 6255 94 A. 9055
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$14,300,000 authorized by chapter 55 of the laws of 2002 to the urban
development corporation to finance a portion of the jobs now program,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for disbursements of up to $20,800,000 from any capital
appropriation or reappropriation authorized by chapter 51 of the laws of
2002 to the judiciary for courthouse improvements, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for disbursements of up to $15,000,000 from appropriations or
reappropriations authorized by chapter 50 of the laws of 2002 to any
agency for costs related to homeland security, and reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for a capital appropriation of $10,000,000 authorized by
chapter 54 of the laws of 2002 to the department of environmental
conservation for Onondaga lake.
S 21. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York for a capital appropriation for $215,650,000 author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
S 22. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage building located in the city of Albany,
S. 6255 95 A. 9055
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for environmental purposes, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
S 23. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for a capital appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
tion department for capital transition grants for transportation,
S. 6255 96 A. 9055
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to economic
development projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for a capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
S 24. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $249,000,000 authorized by
chapter 62 of the laws of 2005 for technology and development,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $48,517,000
authorized by chapter 162 of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of the laws of
2005 for the higher education facilities capital matching grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the city of Albany,
S. 6255 97 A. 9055
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $15,000,000
authorized by chapter 53 of the laws of 2005 to the state education
department for payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs for various
purposes.
S 25. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
S. 6255 98 A. 9055
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for a capital appropriation of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws of 2006 to the urban development corporation for
cultural facilities projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and Canandaigua public
water systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority for an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for Belleayre mountain ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $5,500,000
authorized by chapter 53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the laws
S. 6255 99 A. 9055
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority or the urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of the laws of
2006 for a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state thruway authority for an
appropriation of $22,000,000 authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $500,000,000 from an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from an appro-
priation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for research and development activities of a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital
disbursements of up to $292,385,000 from an appropriation to the urban
development corporation authorized by chapter 108 of the laws of 2006
for community revitalization projects.
S 26. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to the division of state police for
S. 6255 100 A. 9055
construction of a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $77,900,000 authorized
by chapter 51 of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter 50 of
the laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for capital disbursements of up to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any capital appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $20,000,000 from any
capital appropriation or reappropriation authorized by chapter 55 of the
laws of 2007 for Governor's Island, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,500,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for Harri-
man research and technology park, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,950,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$1,300,000 from appropriations authorized by chapter 50 of the laws of
2007 made to the office of general services for legislative office
building hearing rooms.
S 27. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2008 to the
office of general services for various purposes, reimbursement from the
S. 6255 101 A. 9055
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2008
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the office for technology for activities related to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53 of the laws of
2008 for New York city waterfront development projects, reimbursement
from the proceeds of bonds or notes issued by the urban development
corporation for a capital appropriation of $45,000,000 authorized by
chapter 53 of the laws of 2008 for Luther Forest infrastructure
projects, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to downstate
regional projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to the urban
S. 6255 102 A. 9055
development corporation for services and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to the upstate agricultural economic development fund,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $350,000,000
authorized by chapter 53 of the laws of 2008 to the urban development
corporation for services and expenses related to the New York state
capital assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the New York state economic development assistance program, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the empire state economic
development fund.
S 28. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2009 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2009
to the department of environmental conservation for environmental
S. 6255 103 A. 9055
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $4,000,000 to the state education department
for rehabilitation associated with the St. Regis Mohawk elementary
school authorized by chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to the urban development corporation for
services and expenses related to the empire state economic development
fund.
S 29. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2010 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $12,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of envi-
ronmental conservation for environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2010 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation of
S. 6255 104 A. 9055
$14,000,000 authorized by chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the laws of 2010 to the
state education department for the longitudinal data system and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $42,000,000 for the state preparedness and
training center.
S 30. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized by a
chapter of the laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2011 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws of 2011
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of 2011
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $130,550,000
authorized by a chapter of the laws of 2011 to the urban development
corporation for services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of 2011 to
the urban development corporation for services and expenses related to
the economic transformation program. Reimbursements from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $26,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2012 to the
office of general services for various purposes.
S. 6255 105 A. 9055
S 31. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2012 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $26,000,000 from any capital
appropriation or reappropriation authorized by a chapter of the laws of
2012 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for disbursements of up to $12,000,000 from any
capital appropriations or reappropriations authorized by a chapter of
the laws of 2012 to the department of environmental conservation for
environmental purposes, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $3,000,000 from any capital appropriation or reappropri-
ation authorized by a chapter of the laws of 2012 to the division of
military and naval affairs for various purposes, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $6,000,000 authorized by a chapter of the
laws of 2012 to the division of state police for rehabilitation of
facilities, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority of the state of New York or other financing
source for a capital appropriation of $14,000,000 authorized by a chap-
ter of the laws of 2012 to the state education department for library
construction.
S 31-a. For purposes of sections twenty through thirty-one of this
act, the comptroller is also hereby authorized and directed to deposit
to the credit of any capital projects fund, reimbursement from the
proceeds of bonds and notes issued by any authorized issuer, as defined
by section 68-a of the state finance law, in the amounts and for the
purposes listed in such sections.
S 32. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation fund
(074), reimbursement from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2012.
S 33. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the city university special revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any appropriation or reappropriation authorized by
chapter 53 of the laws of 2009 to the city university of New York for
various purposes.
S 34. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
S. 6255 106 A. 9055
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2012, such agency shall
certify to the state comptroller its determination of the amounts
received in the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S 35. (1) Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site remediation disbursements for
the month preceding such certification.
(2) Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund, site investigation and
construction account, to the extent moneys are available in such
account. For purposes of determining moneys available in such account,
the commissioner of environmental conservation shall certify to the
comptroller the amounts required for administration of the hazardous
waste remedial program.
(3) The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided, howev-
er, that if such transfers are determined by the comptroller to be
insufficient to assure that interest paid to holders of state obli-
gations issued for hazardous waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to the general fund, the
amount necessary to redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of the budget of
the amount of such transfers.
S 36. Subdivision 2 of section 68-a of the state finance law, as
amended by section 36 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for which the state is constitutionally
S. 6255 107 A. 9055
obligated thereunder to pay debt service and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of New York
dormitory facilities as specified in subdivision eight of section
sixteen hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting the New York state medical care
facilities financing act. Notwithstanding the provisions of clause (d)
of this subdivision, for the period April first, two thousand nine
through March thirty-first, two thousand [twelve] THIRTEEN, mental
health services facilities, as authorized by section nine-a of section
one of chapter three hundred ninety-two of the laws of nineteen hundred
seventy-three constituting the New York state medical care facilities
financing act, shall constitute an authorized purpose.
S 36-a. Section 73 of the state finance law, as added by section 41 of
part JJ of chapter 56 of the laws of 2010, is amended to read as
follows:
S 73. Federal interest subsidy payments. Notwithstanding any other
provision of law to the contrary, the comptroller shall deposit any
federal interest subsidy payments received by the state for state-sup-
ported debt issued as build America bonds (BABS) OR QUALIFIED SCHOOL
CONSTRUCTION BONDS (QSCBS), as authorized pursuant to the American
Recovery and Reinvestment Act of 2009 (ARRA), as amended or pursuant to
any successor authorization, to each respective debt service fund which
relates to such bonds.
S 37. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as added by section 35 of part JJ of chapter 56 of the laws
of 2010, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twelve.]
S 38. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 38 of part BB of chapter 58 of the laws of 2011,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [nine hundred fifteen million seven hundred forty-seven
thousand] ONE BILLION ONE HUNDRED EIGHTEEN MILLION SEVEN HUNDRED SIXTY
THOUSAND dollars, exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
S. 6255 108 A. 9055
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
S 39. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 39 of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [$21,000,000] $24,000,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection facili-
ties in the Division of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for disbursements made
therefor. Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to such authorized issuer for debt service and related expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
S 40. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 42 of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed six billion [four] EIGHT
hundred [ninety] SIXTEEN million [four] EIGHT hundred sixty-nine thou-
sand dollars [$6,490,469,000] $6,816,869,000, and shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of the
laws of 1983, as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the department of corrections and
community supervision from the correctional facilities capital improve-
ment fund for capital projects. The aggregate amount of bonds, notes or
other obligations authorized to be issued pursuant to this section shall
exclude bonds, notes or other obligations issued to refund or otherwise
repay bonds, notes or other obligations theretofore issued, the proceeds
S. 6255 109 A. 9055
of which were paid to the state for all or a portion of the amounts
expended by the state from appropriations or reappropriations made to
the department of corrections and community supervision; provided,
however, that upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds, notes or other obligations may be
greater than six billion [four] EIGHT hundred [ninety] SIXTEEN million
[four] EIGHT hundred sixty-nine thousand dollars [$6,490,469,000]
$6,816,869,000, only if the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations to be
issued shall not exceed the present value of the aggregate debt service
of the bonds, notes or other obligations so to be refunded or repaid.
For the purposes hereof, the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations and of
the aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the corporation including estimated accrued interest from the sale ther-
eof.
S 41. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 44 of part BB of chapter 58
of the laws of 2011, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [six] SEVEN hundred
[thirty-six] FORTY million [four] SIX hundred ninety-nine thousand
dollars, plus a principal amount of bonds issued to fund the debt
service reserve fund in accordance with the debt service reserve fund
requirement established by the agency and to fund any other reserves
that the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of fees and other
charges and expenses, including underwriters' discount, trustee and
rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 42. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
S. 6255 110 A. 9055
by section 46 of part BB of chapter 58 of the laws of 2011, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund such projects having a
cost not in excess of [$6,695,169,000] $7,106,022,000 cumulatively by
the end of fiscal year [2011-12] 2012-13.
S 43. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 58 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
S 44. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the corporation are hereby author-
ized to issue bonds or notes in one or more series for the purpose of
funding project costs for the regional economic development council
initiative, the economic transformation program, STATE UNIVERSITY OF NEW
YORK COLLEGE FOR NANOSCALE AND SCIENCE ENGINEERING, BROADBAND INITI-
ATIVE, INFRASTRUCTURE AND PREVENTIVE MAINTENANCE PROJECTS FOR THE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY, PROJECTS WITHIN THE CITY OF BUFFALO
OR SURROUNDING ENVIRONS, AND THE ADVANCE NEW YORK CAPITAL FUND and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [one] SEVEN hundred [eighty] FIFTEEN million five hundred
fifty thousand dollars, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, STATE
UNIVERSITY OF NEW YORK COLLEGE FOR NANOSCALE AND SCIENCE ENGINEERING,
BROADBAND INITIATIVE, INFRASTRUCTURE AND PREVENTIVE MAINTENANCE PROJECTS
FOR THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, PROJECTS WITHIN THE CITY
OF BUFFALO OR SURROUNDING ENVIRONS AND THE ADVANCE NEW YORK CAPITAL FUND
and other state costs associated with such projects, the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
S. 6255 111 A. 9055
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
AUTHORITY AND THE CORPORATION ANY PORTION OF BOND PROCEEDS PAID TO
PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
SUCH PROJECT COSTS AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS
FUND OR ANY OTHER APPROPRIATE FUND.
S 44. Section 1680-o of the public authorities law, as amended by
section 49-b of part PP of chapter 56 of the laws of 2009, is amended to
read as follows:
S 1680-o. Courthouse improvements and training facilities. 1.
Notwithstanding the provisions of any other law to the contrary, the
authority and the urban development corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for eligible courthouse improvements[, drug courts,] and
training facilities. The aggregate principal amount of bonds authorized
to be issued pursuant to this section shall not exceed [eighty-five]
SEVENTY-SIX million [nine] ONE hundred thousand dollars, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the authority and the urban development corporation in
undertaking the financing of eligible courthouse improvements[, drug
courts,] and training facilities, the director of the budget is hereby
authorized to enter into one or more service contracts with the authori-
ty and the urban development corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the authority and the urban development corporation
agree, so as to annually provide to the authority and the urban develop-
ment corporation, in the aggregate, a sum not to exceed the principal,
interest, and related expenses required for such bonds and notes. Any
service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
S. 6255 112 A. 9055
any payments made or to be made thereunder may be assigned and pledged
by the authority and the urban development corporation as security for
its bonds and notes, as authorized by this section.
S 45. Section 51 of part RR of chapter 57 of the laws of 2008, relat-
ing to providing for the administration of certain funds and accounts
related to the 2008-2009 budget, as amended by chapter 94 of the laws of
2011, is amended to read as follows:
S 51. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and subdivi-
sion 4 of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such subdivisions
expire; and provided, further, however, that section thirty-four of this
act shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of chapter
57 of the laws of 2007, as amended; [and] provided, further, however,
that sections one, three, four, and eighteen through twenty-seven of
this act shall expire March 31, 2009 when upon such date the provisions
of such sections shall be deemed repealed; and provided further that
section [fourteen of this act shall expire March 31, 2012 when upon such
date the provisions of such section shall be deemed repealed] FORTY OF
THIS ACT SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON AND
AFTER APRIL 1, 2007.
S 45-a. Section 57 of part PP of chapter 56 of the laws of 2009,
relating to providing for the administration of certain funds and
accounts related to the 2009-10 budget, is amended to read as follows:
S 57. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009; provided,
however, that sections one, two, three, four, twelve and twenty-one
through thirty-one of this act shall expire March 31, 2010, when, upon
such date, the provisions of such sections shall be deemed repealed;
provided, however that the amendments to subdivision 5 of section 97-rrr
of the state finance law made by section thirteen of this act shall not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith; [and] provided, further that amend-
ments to section 69-c of the state finance law, made by section thirty-
five of this act, shall not affect the expiration and reversion of such
section and shall expire therewith[.]; AND PROVIDED FURTHER THAT SECTION
FORTY-ONE OF THIS ACT SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND
EFFECT ON APRIL 1, 2007.
S 45-b. Section 55 of part JJ of chapter 56 of the laws of 2010,
relating to providing for the administration of certain funds and
accounts related to the 2010-11 budget, paragraph (a) as amended by
section 58-a of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
S 55. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
(a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2007;
(b) sections one, two, three, four, five, six, seven, eight, nine,
ten, eighteen, and nineteen through twenty-nine of this act shall expire
March 31, 2011, when, upon such date, the provisions of such sections
shall be deemed repealed; [and]
(c) the amendments to subdivision 5 of section 97-rrr of the state
finance law made by section fifteen of this act shall not affect the
S. 6255 113 A. 9055
expiration of such subdivision and shall be deemed to expire there-
with[.]; AND PROVIDED FURTHER THAT SECTION FORTY-SEVEN OF THIS ACT SHALL
BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON APRIL 1, 2007.
S 46. The public authorities law is amended by adding a new section
386-a to read as follows:
S 386-A. FINANCING OF METROPOLITAN TRANSPORTATION AUTHORITY (MTA)
TRANSPORTATION FACILITIES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE AUTHORITY, THE DORMITORY AUTHORITY AND THE
URBAN DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR
NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF ASSISTING THE METROPOL-
ITAN TRANSPORTATION AUTHORITY IN THE FINANCING OF TRANSPORTATION FACILI-
TIES AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THIS CHAPTER. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS
AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED SEVEN
HUNDRED SEVENTY MILLION DOLLARS ($770,000,000), EXCLUDING BONDS ISSUED
TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE
OF SUCH BONDS, AND TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES
PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE AUTHORITY, THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF
THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A
SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE
THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
TION FACILITIES PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE AUTHORITY, THE DORMITORY AUTHORITY
AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE
TO THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR ANY PAYMENTS
MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
ITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHORITY,
THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION ANY
PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR REIMBURSE THE
STATE FOR ITS COSTS ASSOCIATED WITH SUCH PROJECT COSTS AND TO CREDIT
SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
S 47. Subdivisions 2 and 6 of section 34 of part O of chapter 61 of
the laws of 2000 amending the public authorities law relating to the
S. 6255 114 A. 9055
metropolitan transportation authority, the New York city transit author-
ity and the Triborough bridge and tunnel authority, are amended to read
as follows:
2. The metropolitan transportation authority is hereby authorized to
issue from time to time one or more series of its bonds and notes to
finance and refinance projects and/or to refund bonds and notes (a)
previously issued by the metropolitan transportation authority, the New
York city transit authority and the Triborough bridge and tunnel author-
ity, or (b) secured wholly or partially by any or all of the following
service contracts: (i) service contracts entered into for the purposes
set forth in section 16 of chapter 314 of the laws of 1981; (ii) service
contracts entered into for the purposes set forth in section 42 of chap-
ter 929 of the laws of 1986; and (iii) service contracts entered into
for the purposes set forth in subdivision one of this section. THE
AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO
THIS SUBDIVISION SHALL NOT EXCEED TWO BILLION FIVE MILLION FOUR HUNDRED
FIFTY-FIVE THOUSAND DOLLARS ($2,005,455,000), EXCLUDING BONDS ISSUED TO
FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF
SUCH BONDS, AND TO REFUND OR OTHERWISE REPAY SUCH BONDS ISSUED PRIOR TO
APRIL 1, 2012.
6. Any service contract or contracts for transit and SIRTOA projects
and for commuter projects entered into pursuant to this section shall
provide for state commitments to provide annually to the metropolitan
transportation authority a sum or sums, upon such terms and conditions
as shall be deemed appropriate by the director of the budget, to fund,
or to fund the debt service requirements of any bonds or other obli-
gations of the metropolitan transportation authority issued to fund[,]
such projects [such that the aggregate debt service on all bonds and
notes identified in subdivision three of this section does not exceed
$165,000,000 annually through and including July 1, 2031].
S 48. The public authorities law is amended by adding a new section
386-b to read as follows:
S 386-B. FINANCING OF PEACE BRIDGE PROJECTS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY, THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO
ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING
PEACE BRIDGE PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHOR-
IZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTEEN
MILLION DOLLARS ($15,000,000), EXCLUDING BONDS ISSUED TO FUND ONE OR
MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS,
AND TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED.
SUCH BONDS AND NOTES OF THE AUTHORITY, THE DORMITORY AUTHORITY AND THE
URBAN DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE
STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY
FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO THE AUTHORITY, THE
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION FOR PRINCIPAL,
INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH
BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY
DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
TION FACILITIES PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE
S. 6255 115 A. 9055
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE AUTHORITY, THE DORMITORY AUTHORITY
AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE
TO THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR ANY PAYMENTS
MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
ITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHORITY,
THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION ANY
PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR REIMBURSE THE
STATE FOR ITS COSTS ASSOCIATED WITH SUCH PROJECT COSTS AND TO CREDIT
SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
S 49. Subdivisions 1 and 2 of section 45 of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
corporation act, as added by chapter 260 of the laws of 2011, are
amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the urban development corporation of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY 2020 chal-
lenge grant program subject to the approval of a NY-SUNY 2020 plan or
plans by the governor and the chancellor of the state university of New
York. The aggregate principal amount of bonds authorized to be issued
pursuant to this section shall not exceed [$80,000,000] $110,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the corporation shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to the corporation
for principal, interest, and related expenses pursuant to a service
contract and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
2. Notwithstanding any other law, rule, or regulation to the contrary,
the comptroller is hereby authorized and directed to deposit to the
credit of the capital projects fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation of the state
of New York for capital disbursements [of up to $80,000,000 from any
appropriation or reappropriation authorized by a chapter of the laws of
2011 for NY-SUNY 2020 challenge grants] ASSOCIATED WITH SUCH PROJECT
COSTS.
S 50. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 49 of part BB of chapter 58 of the laws of 2011,
is amended to read as follows:
S. 6255 116 A. 9055
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [eighty-four] NINETY-EIGHT million
dollars.
S 51. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 38 of part PP of chapter 56 of the laws of 2009,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [five] SIX hundred
[thirty-six] TWENTY-THREE million dollars. Such amount shall be exclu-
sive of bonds and notes issued to fund any reserve fund or funds, costs
of issuance and to refund any outstanding bonds and notes, issued on
behalf of the state, relating to a locally sponsored community college.
S 52. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed ten billion [eighty-nine] THREE HUNDRED FOUR million dollars;
provided, however, that bonds issued or to be issued shall be excluded
from such limitation if: (1) such bonds are issued to refund state
university construction bonds and state university construction notes
previously issued by the housing finance agency; or (2) such bonds are
issued to refund bonds of the authority or other obligations issued for
state university educational facilities purposes and the present value
of the aggregate debt service on the refunding bonds does not exceed the
present value of the aggregate debt service on the bonds refunded there-
by; provided, further that upon certification by the director of the
budget that the issuance of refunding bonds or other obligations issued
between April first, nineteen hundred ninety-two and March thirty-first,
nineteen hundred ninety-three will generate long term economic benefits
to the state, as assessed on a present value basis, such issuance will
be deemed to have met the present value test noted above. For purposes
of this subdivision, the present value of the aggregate debt service of
the refunding bonds and the aggregate debt service of the bonds
refunded, shall be calculated by utilizing the true interest cost of the
refunding bonds, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding bonds from the
payment dates thereof to the date of issue of the refunding bonds to the
purchase price of the refunding bonds, including interest accrued there-
on prior to the issuance thereof. The maturity of such bonds, other than
bonds issued to refund outstanding bonds, shall not exceed the weighted
average economic life, as certified by the state university construction
fund, of the facilities in connection with which the bonds are issued,
and in any case not later than the earlier of thirty years or the expi-
ration of the term of any lease, sublease or other agreement relating
S. 6255 117 A. 9055
thereto; provided that no note, including renewals thereof, shall mature
later than five years after the date of issuance of such note. The
legislature reserves the right to amend or repeal such limit, and the
state of New York, the dormitory authority, the state university of New
York, and the state university construction fund are prohibited from
covenanting or making any other agreements with or for the benefit of
bondholders which might in any way affect such right.
S 53. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided
that sections one through seven, sections ten through fifteen, and
section seventeen of this act shall expire March 31, 2013, when upon
such date, the provisions of such sections shall be deemed repealed;
provided further that the amendments to subdivisions 1 and 2 of section
45 of section 1 of chapter 174 of the laws of 1968 made by section
forty-nine of this act shall not affect the expiration of such subdivi-
sions and shall be deemed to expire therewith.
PART O
Section 1. The article heading of article 1 of the state technology
law, as added by chapter 430 of the laws of 1997 and such article as
renumbered by chapter 437 of the laws of 2004, is amended to read as
follows:
OFFICE [FOR TECHNOLOGY] OF INFORMATION TECHNOLOGY SERVICES
S 2. Subdivision 3 of section 101 of the state technology law, as
added by chapter 430 of the laws of 1997 and such section as renumbered
by chapter 437 of the laws of 2004, is amended to read as follows:
3. "Office" means the office [for technology] OF INFORMATION TECHNOLO-
GY SERVICES.
S 3. The section heading and subdivision 1 of section 102 of the state
technology law, as added by chapter 430 of the laws of 1997 and such
section as renumbered by chapter 437 of the laws of 2004, are amended to
read as follows:
Office [for technology] OF INFORMATION TECHNOLOGY SERVICES; director,
organization and employees. 1. The office [for technology] OF INFORMA-
TION TECHNOLOGY SERVICES is hereby created within the executive depart-
ment to have and exercise the functions, powers and duties provided by
the provisions of this article and any other provision of law.
S 4. Subdivision 4 of section 202 of the state technology law, as
amended by chapter 17 of the laws of 2002, is amended to read as
follows:
4. "Office" shall mean the state office [for technology] OF INFORMA-
TION TECHNOLOGY SERVICES.
S 5. Subdivision 1 of section 303 of the state technology law, as
amended by chapter 437 of the laws of 2004, is amended to read as
follows:
1. The office [for technology] OF INFORMATION TECHNOLOGY SERVICES
shall be the electronic facilitator and administer this article. In
addition to the authority, duties and responsibilities set forth in
article one of this chapter, the electronic facilitator shall have the
authority, duties and responsibilities granted in this article.
S 6. Subdivision 15 of section 52 of the civil service law, as added
by chapter 228 of the laws of 1998, is amended to read as follows:
15. Promotion eligibility of person transferred to the office [for
technology] OF INFORMATION TECHNOLOGY SERVICES. Notwithstanding any
other provision of this chapter, the names of permanent employees trans-
S. 6255 118 A. 9055
ferred from a state agency or department to the office [for technology]
OF INFORMATION TECHNOLOGY SERVICES shall remain on any promotion eligi-
ble list for appointment in the agency or department from which such
employees were transferred, for a period of one year or until the expi-
ration of such list, whichever occurs first. Further, where the
promotion eligible list on which such employees' names appear is estab-
lished in the office [for technology] OF INFORMATION TECHNOLOGY
SERVICES, the names of employees so transferred shall be added to such
promotion eligible list.
S 7. Subdivision 1 of section 21 of the executive law, as amended by
section 93 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. There is hereby created in the executive department a disaster
preparedness commission consisting of the commissioners of transporta-
tion, health, division of criminal justice services, education, social
services, economic development, agriculture and markets, housing and
community renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation, corrections
and community supervision and children and family services, the presi-
dent of the New York state energy research and development authority,
the superintendents of state police, insurance, banking, the secretary
of state, the state fire administrator, the chair of the public service
commission, the adjutant general, the directors of the offices within
the division of homeland security and emergency services, the office
[for technology] OF INFORMATION TECHNOLOGY SERVICES, and the office of
victim services, the chairs of the thruway authority, the metropolitan
transportation authority, the port authority of New York and New Jersey,
the chief professional officer of the state coordinating chapter of the
American Red Cross and three additional members, to be appointed by the
governor, two of whom shall be chief executives. Each member agency may
designate an officer of that agency, with responsibility for disaster
preparedness matters, who may represent that agency on the commission.
The commissioner of the division of homeland security and emergency
services shall serve as chair of the commission, and the governor shall
designate the vice chair of the commission. The members of the commis-
sion, except those who serve ex officio, shall be allowed their actual
and necessary expenses incurred in the performance of their duties under
this article but shall receive no additional compensation for services
rendered pursuant to this article.
S 8. Subdivision 10 of section 31 of the executive law, as amended by
section 106 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
10. Office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
S 9. Subdivision 3 of section 164-d of the executive law, as amended
by section 1 of part O of chapter 60 of the laws of 2011, is amended to
read as follows:
3. The office [for technology] OF INFORMATION TECHNOLOGY SERVICES
shall promulgate rules and regulations to implement the provisions of
this section. Such rules shall at least provide for the prioritization
and timing for making application forms available on the internet.
S 10. Subdivision 4 of section 163-a of the state finance law, as
amended by chapter 437 of the laws of 2004, is amended to read as
follows:
4. The state agency together with the office [for technology] OF
INFORMATION TECHNOLOGY SERVICES determines that the restriction is not
in the best interest of the state. Such office shall notify each member
S. 6255 119 A. 9055
of the advisory council established in article one of the state technol-
ogy law of any such waiver of these restrictions.
S 11. Section 171-k of the tax law, as amended by chapter 437 of the
laws of 2004, is amended to read as follows:
S 171-k. Electronic signature. If any return or report relating to a
tax, fee or other imposition administered by the commissioner is author-
ized by the commissioner to be filed electronically, then such return or
report shall be signed electronically consistent with the provisions of
article three of the state technology law; provided, however, that if
the commissioner determines that electronic signatures that are used by
the federal internal revenue service in tax administration are not
consistent with the provisions of article three of the state technology
law, then the commissioner, after conferring with the office [for tech-
nology] OF INFORMATION TECHNOLOGY SERVICES, may prescribe the manner and
form of electronic signature on any such return or report. Such elec-
tronic signature shall conform, to the extent practicable, with elec-
tronic signatures that are used by the federal internal revenue service.
The use of such an electronic signature shall have the same validity and
effect as the use of a signature affixed by hand.
S 12. Subdivision 4 of section 236-b of the county law, as added by
chapter 339 of the laws of 2009, is amended to read as follows:
4. In this section, the term "agency of the state of New York" shall
include any department, bureau, commission, board, public authority or
other agency of the state of New York; any public benefit corporation
whose board of directors includes any member appointed by the governor;
any subdivision of any department, bureau, commission, board, public
authority or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
S 13. Paragraph (h) of subdivision 1 of section 327 of the county law,
as added by section 33 of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
(h) one shall be the director of the office [for technology] OF INFOR-
MATION TECHNOLOGY SERVICES, or his or her designee;
S 14. Terms. (a) Wherever the term "office for technology" appears in
the executive law, state technology law, or otherwise in the consol-
idated or unconsolidated laws of this state, such term is hereby changed
to "office of information technology services".
(b) Wherever the term "director of the office for technology" appears
in the executive law, state technology law, or otherwise in the consol-
idated or unconsolidated laws of this state, such term is hereby changed
to "director of information technology services".
(c) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of the effective date of this provision.
Such memorandum shall be issued jointly by the governor, the temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
S 15. Existing rights and remedies, preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
S 16. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
office for technology, and pertaining to or connected with its func-
S. 6255 120 A. 9055
tions, powers, obligations and duties, shall be affected by any
provision of this act, but in the same way may be prosecuted or defended
in the name of the office of information technology services. In all
such actions and proceedings the office of information technology
services, upon application to the court, shall be substituted as a
party.
S 17. This act shall take effect on the sixtieth day after it shall
have become a law.
PART P
Section 1. Paragraph i of subdivision 10 of section 54 of the state
finance law, as added by section 1 of part F of chapter 56 of the laws
of 2007, subparagraph (vi) as added by section 2 of part D of chapter
503 of the laws of 2009, subparagraph (vii) as added by section 3 of
part Z of chapter 56 of the laws of 2010, subparagraph (viii) as added
by section 3 of part I of chapter 57 of the laws of 2011, is amended to
read as follows:
i. Payments. (i) In the state fiscal year commencing April first, two
thousand seven and in each state fiscal year thereafter through and
including the state fiscal year commencing April first, two thousand
ten, base level grants shall be paid in the same "on or before month and
day" manner as:
(1) paid in the state fiscal year commencing April first, two thousand
six under the aid and incentives for municipalities program in effect at
that time and appropriated in chapter fifty of the laws of two thousand
six; or
(2) set forth in part R of chapter fifty-six of the laws of two thou-
sand four relating to unrestricted aid to certain cities.
(ii) In the state fiscal year commencing April first, two thousand
seven and in each state fiscal year thereafter through and including the
state fiscal year commencing April first, two thousand ten, additional
annual apportionments and per capita adjustments authorized in para-
graphs d and e of this subdivision shall be paid on or before December
fifteenth for cities with fiscal years beginning January first, on or
before March fifteenth for all other cities, and for towns and villages,
in the same "on or before month and day" manner as their base level
grants are paid pursuant to subparagraph (i) of this paragraph.
(II-A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, IN THE STATE
FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND EACH STATE
FISCAL YEAR THEREAFTER, UP TO TWENTY-EIGHT MILLION DOLLARS IN BASE LEVEL
GRANTS OTHERWISE PAYABLE TO THE CITY OF ROCHESTER IN OCTOBER, DECEMBER
AND MARCH SHALL BE PAID ON OR BEFORE JUNE THIRTIETH.
(iii) Aid and incentives for municipalities shall be apportioned and
paid to the chief fiscal officer of each municipality on audit and
warrant of the state comptroller out of moneys appropriated by the
legislature for such purpose to the credit of the local assistance
account in the general fund of the state treasury. Any municipality
receiving aid and incentives for municipalities pursuant to this subdi-
vision shall use such aid only for general municipal purposes except as
provided in subparagraph (iv) of this paragraph.
(iv) Amounts payable to any city having a population of less than
fifty-five thousand but more than fifty-four thousand according to the
federal decennial census of nineteen hundred ninety shall be apportioned
and paid to the special account for the municipal assistance corporation
for the city of Troy in the municipal assistance state aid fund pursuant
S. 6255 121 A. 9055
to section ninety-two-e of this chapter and chapters one hundred eight-
y-seven and one hundred eighty-eight of the laws of nineteen hundred
ninety-five.
(v) Notwithstanding any inconsistent provision of law, additional
annual apportionments pursuant to paragraph d of this subdivision and
pursuant to the aid and incentives for municipalities program appropri-
ated in chapter fifty of the laws of two thousand six shall not be
considered state aid pursuant to title two of article ten-D of the
public authorities law for any eligible city subject to a control period
under a state imposed fiscal stability authority. Such additional annual
apportionments shall be paid to such authority for distribution to such
city within the context of an authority-approved four year financial
plan, for the following purposes:
(i) To maintain, minimize, or reduce the real property tax burden;
(ii) To support investments in technology or other efficiency and
productivity initiatives that permanently minimize or reduce the munici-
pality's operating expenses;
(iii) To support economic development or infrastructure investments
that are necessary to achieve economic revitalization and generate
growth in the municipality's real property tax base; and
(iv) To minimize or prevent reductions in city services.
(vi) Notwithstanding subparagraph (i) of this paragraph, in the state
fiscal year commencing April first, two thousand nine the deficit
reduction adjustment to the base level grants of certain cities pursuant
to paragraph e-one of this subdivision shall be made on or before March
fifteenth, two thousand ten.
(vii) Notwithstanding subparagraph (i) of this paragraph, in the state
fiscal year commencing April first, two thousand ten, the base level
grant adjustment pursuant to subparagraph (ii) of paragraph b of this
subdivision shall be made on or before September twenty-fifth for a town
or village, on or before December fifteenth for a city whose fiscal year
begins January first, and on or before March fifteenth for a city whose
fiscal year does not begin on January first.
(viii) Notwithstanding subparagraph (i) of this paragraph, in the
state fiscal year commencing April first, two thousand eleven, the base
level grant adjustment pursuant to subparagraph (iv) of paragraph b of
this subdivision shall be made on or before September twenty-fifth for a
town or village, on or before December fifteenth for a city whose fiscal
year begins January first, and on or before March fifteenth for a city
whose fiscal year does not begin January first.
S 2. This act shall take effect immediately.
PART Q
Section 1. Notwithstanding any other law to the contrary, for the
purpose of promoting access to employment, the state shall pay to the
metropolitan transportation authority the costs associated with estab-
lishment and implementation by the metropolitan transportation authority
of a rebate program for E-ZPass tolls paid by the residents of Broad
Channel and the Rockaway Peninsula who live within zip codes 11691,
11692, 11693, 11694, 11695, and 11697, for travel over the Cross Bay
Veterans Memorial Bridge.
S 2. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
S. 6255 122 A. 9055
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Q of this act shall be
as specifically set forth in the last section of such Parts.

S6255A - Details

S6255A - Summary

Relates to DNA testing of certain offenders convicted of a crime; relates to the administration of traffic infractions; relates to disaster preparedness; relates to the reimbursement of medicare premium charges for employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state …(view more) exempts centralized contracts from audit prior to finalization; relates to the ability to designate an agency contract as a statewide contract and to the expansion of state contract rights for local governments and non-profit organizations; alters the definition of best value for procurement; expands contract use rights for local governments; relates to the procurement opportunities newsletter; relates to the procurement of department printing and purchases by charitable organizations; renames the office for technology the office of information technology services; relates to paying the metropolitan transportation authority the costs associated with reimbursements for E-ZPass tolls paid by the residents of Broad Channel and the Rockaway Peninsula for travel over the Cross Bay Veterans Memorial Bridge; relates to the collection of assessments for annual expenses; authorizes the transfer of certain facility parole officers to open positions as the parole officer or senior parole officer title; expands the scope of the annual report by the department of corrections to the legislature concerning the staffing and facilities of state correctional facilities; relates to the education reform program; relates to support for the public defense backup center and additional state aid tied to the salary of the district attorney of each county and the calculation thereof; and relates to the public safety communications surcharge.

S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6255--A A. 9055--A
S E N A T E - A S S E M B L Y
January 17, 2012
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the DNA testing of
certain offenders convicted of a crime (Part A); to repeal section
396-ff of the general business law, relating to the pistol and revol-
ver ballistic identification databank (Part B); to amend the vehicle
and traffic law, in relation to the administration of traffic infrac-
tions (Part C); to amend the penal law, the correction law, and the
criminal procedure law, in relation to terms of probation and
probation detainer warrants (Part D); to amend the penal law, the
civil practice law and rules and the criminal procedure law, in
relation to the seizure and forfeiture of proceeds of felony and
misdemeanor crimes (Part E); to amend chapter 503 of the laws of 2009,
relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, in relation
to the effectiveness thereof (Part F); to amend the executive law, in
relation to disaster preparedness (Part G); to amend the retirement
and social security law, the education law and the administrative code
of the city of New York, in relation to persons joining the New York
state and local employees' retirement system, the New York state and
local police and fire retirement system, the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city teachers' retirement system, the New York city board of
education retirement system, the New York city police pension fund, or
the New York city fire pension fund on or after April 1, 2012 (Part
H); to amend the civil service law, in relation to the reimbursement
of medicare premium charges for employees and retired employees of the
state, public authorities, public benefit corporations or other
quasi-public organizations of the state (Part I); to amend the state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD12670-02-2
S. 6255--A 2 A. 9055--A
finance law, in relation to reappropriation bills (Part J); to amend
the public lands, in relation to state aid on certain state leased or
state-owned land (Part K); to amend the state finance law, in relation
to the exemption of centralized contracts from audit prior to finali-
zation, the ability to designate an agency contract as a statewide
contract, the expansion of state contract rights for local governments
and non-profit organizations, amending the definition of best value
and lowest price for procurement and in relation to modifications of
contracts by not-for-profit corporations; to amend the general munici-
pal law, in relation to expanding contract use rights for local
governments; to amend the New York state printing and public documents
law, the state finance law, the not-for-profit corporation law, the
education law and the general municipal law, in relation to the
procurement of department printing; to amend chapter 741 of the laws
of 1985 relating to authorizing certain organizations to purchase
commodities under contracts let by the state office of general
services, in relation to purchases by charitable organizations; to
amend chapter 83 of the laws of 1995 amending the state finance law
and other laws relating to bonds, notes, and revenues, in relation to
the effectiveness of certain provisions thereof; and to repeal
sections 6 and 7 of the New York state printing and public documents
law, relating to department printing (Part L); to amend the civil
service law, in relation to authorizing term appointments without
examination for certain information technology positions; filling
vacancies by open competitive or upon promotion examination; certif-
ication of eligible lists from an open promotion examination; depart-
mental and interdepartmental promotion lists; promotion examination
opportunities for employees in non-competitive or labor class;
promotion and transfer to administrative positions in the state
service; transfer of employees in the non-competitive class where
possession of credentials, licenses or certifications is required; and
transfer of personnel upon consolidation or merger of departments or
agencies (Part M); to provide for the administration of certain funds
and accounts related to the 2012-13 budget; authorizing certain
payments and transfers; to amend the state finance law, in relation to
school tax relief fund; to amend the state finance law, in relation to
issuance of certificates of participation, variable rate bonds,
payments, transfers and deposits of funds and investment of general
funds, bond proceeds, and other funds not immediately required; to
amend the public authorities law, in relation to state environmental
infrastructure projects; to amend chapter 61 of the laws of 2005,
relating to providing for the administration of certain funds and
accounts related to the 2005-2006 budget, in relation to the Division
of Military and Naval Affairs Capital Projects; to amend chapter 389
of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; to amend the
public authorities law, in relation to courthouse improvements and
training facilities, metropolitan transportation authority facilities,
peace bridge projects and issuance of bonds by the dormitory authori-
ty; to amend the New York state urban development corporation act, in
relation to funding project costs for the state university of New York
S. 6255--A 3 A. 9055--A
college for nanoscale and science engineering and the NY-SUNY 2020
challenge grant program; to amend chapter 57 of the laws of 2008,
relating to providing for the administration of certain funds and
accounts related to the 2008-2009 budget, in relation to the effec-
tiveness thereof; to amend chapter 56 of the laws of 2009, relating to
providing for the administration of certain funds and accounts related
to the 2009-10 budget, in relation to the effectiveness thereof; to
amend chapter 56 of the laws of 2010, relating to providing for the
administration of certain funds and accounts related to the 2009-10
budget, in relation to the effectiveness thereof; to amend chapter 61
of the laws of 2000, amending the public authorities law relating to
the metropolitan transportation authority, the New York city transit
authority, and the Triborough bridge and tunnel authority, in relation
to authorizations to issue bonds and notes; to repeal sections 90-b,
91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
97-ff, 97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
of the state finance law relating thereto; to repeal subdivision 5 of
section 233-a and subdivision 3-a of section 378 of the education law
relating thereto; to repeal paragraph f of subdivision 31 of section
1680 of the public authorities law relating to the reserve funds of
private not-for-profit schools established with the dormitory authori-
ty; to repeal section 1022 of the private housing finance law relating
to the rural housing assistance fund; to repeal section 12 of chapter
1040 of the laws of 1981 relating to penalties for violations of the
lobbying act; to repeal chapter 50 of the laws of 1993 relating to
making appropriations for the support of government; and providing for
the repeal of certain provisions upon expiration thereof (Part N); to
amend the state technology law, the civil service law, the executive
law, the state finance law, the tax law, and the county law, in
relation to renaming the office for technology the office of informa-
tion technology services (Part O); to amend the state finance law, in
relation to aid and incentive to municipalities (Part P); to pay the
metropolitan transportation authority the costs associated with
reimbursements for E-ZPass tolls paid by the residents of Broad Chan-
nel and the Rockaway Peninsula for travel over the Cross Bay Veterans
Memorial Bridge (Part Q); and to amend the workers' compensation law,
in relation to the collection of assessments for annual expenses (Part
R)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through R. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
S. 6255--A 4 A. 9055--A
Section 1. Subdivision 7 of section 995 of the executive law, as
amended by chapter 2 of the laws of 2006, paragraph (a) as separately
amended by chapter 320 of the laws of 2006 and paragraph (f) as amended
by chapter 405 of the laws of 2010, is amended to read as follows:
7. "Designated offender" means a person convicted of [and sentenced
for any one or more of the following provisions of the penal law (a)
sections 120.05, 120.10, and 120.11, relating to assault; sections
125.15 through 125.27 relating to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to incest,
a violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree, as defined in
section 110.00 and section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal law, arson in
the first degree, as defined in section 150.20 of the penal law,
burglary in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the third degree, as defined in section
110.00 and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the penal law relating to terrorism or any
attempt to commit an offense defined in such article relating to terror-
ism which is a felony; or (b) criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of the penal law; criminal sale of a
controlled substance, as defined in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in subdivision five of
section 155.30 of the penal law; or (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant to para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any of the following felonies, or an attempt thereof where such attempt
is a felony offense:
aggravated assault upon a person less than eleven years old, as
defined in section 120.12 of the penal law; menacing in the first
degree, as defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in section 125.10
of the penal law; vehicular manslaughter in the second degree, as
defined in section 125.12 of the penal law; vehicular manslaughter in
the first degree, as defined in section 125.13 of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in
section 130.85 of the penal law; facilitating a sex offense with a
controlled substance, as defined in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as defined
S. 6255--A 5 A. 9055--A
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined in the penal
law or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree as defined in
section 120.00 of the penal law; attempted aggravated assault upon a
person less than eleven years old, as defined in section 110.00 and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of the penal
law; reckless endangerment in the second degree as defined in section
120.20 of the penal law; stalking in the fourth degree as defined in
S. 6255--A 6 A. 9055--A
section 120.45 of the penal law; stalking in the third degree as defined
in section 120.50 of the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section 120.55 of the penal
law; criminal obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law; forcible touching as defined in
section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in section 130.55 of the
penal law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law regard-
less of the age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and section 135.10 of the
penal law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law; possession
of burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law; endangering the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering the welfare of an incompetent or physically disabled person as
defined in section 260.25 of the penal law] ANY FELONY DEFINED IN ANY
CHAPTER OF THE LAWS OF THE STATE OR ANY MISDEMEANOR DEFINED IN THE PENAL
LAW.
S 2. Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
3. (A) Any designated offender subsequent to conviction and sentencing
for a crime specified in subdivision seven of section nine hundred nine-
ty-five of this article, shall be required to provide a sample appropri-
ate for DNA testing to determine identification characteristics specific
to such person and to be included in a state DNA identification index
pursuant to this article.
(B) (I) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
(II) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A TERM
OF PROBATION, INCLUDING A SENTENCE OF PROBATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF IMPRISONMENT WHEN A SAMPLE HAS NOT ALREADY BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
(III) IN THE CASE OF A DESIGNATED OFFENDER WHOSE SENTENCE DOES NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE COURT
SHALL ORDER THAT THE DESIGNATED OFFENDER REPORT TO AN OFFICE OF THE
SHERIFF OF THAT COUNTY, AND WHEN THE DESIGNATED OFFENDER DOES SO, SUCH
SAMPLE SHALL BE COLLECTED BY THE SHERIFF'S OFFICE.
(IV) NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR LOCAL
CORRECTION OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER PUBLIC SERVANT WHO HAS BEEN
NOTIFIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED A DNA SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
S 3. This act shall take effect October 1, 2012; provided, however,
that the amendments to subdivision 7 of section 995 of the executive law
made by section one of this act shall apply to conviction of designated
offenses on or after such effective date.
S. 6255--A 7 A. 9055--A
PART B
Section 1. Section 396-ff of the general business law is REPEALED.
S 2. This act shall take effect immediately.
PART C
Section 1. Section 1806 of the vehicle and traffic law, as amended by
section 1 of part TT of chapter 56 of the laws of 2009, is amended to
read as follows:
S 1806. Plea of not guilty by a defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea of not
guilty to a violation of any provision of the tax law or the transporta-
tion law regulating traffic, or to a traffic infraction for the
violation of any of the provisions of the vehicle and traffic law or of
any local law, ordinance, order, rule or regulation relating to the
operation of motor vehicles or motorcycles, a defendant may enter a plea
of not guilty by mailing to the court of appropriate jurisdiction the
ticket making the charge and a signed statement indicating such plea.
Such plea must be sent: (a) by registered or certified mail, return
receipt requested or by first class mail; and (b) within forty-eight
hours after receiving such ticket. Upon receipt of such ticket and
statement, the court shall advise the violator, BY FIRST CLASS MAIL, of
an appearance AT WHICH NO TESTIMONY SHALL BE TAKEN. IF THE MOTORIST
REQUESTS A TRIAL, THE COURT SHALL SET A TRIAL DATE ON A DATE SUBSEQUENT
TO THE DATE OF THE INITIAL APPEARANCE AND SHALL NOTIFY THE DEFENDANT OF
THE date by first class mail but no warrant of arrest for failure to
appear can be issued until the violator is notified of a new court
appearance date by registered or certified mail, return receipt
requested, and fails to appear.
S 2. This act shall take effect immediately.
PART D
Section 1. Subdivision 3 of section 65.00 of the penal law, as amended
by chapter 264 of the laws of 2003, subparagraphs (i) and (ii) of para-
graph (a) as amended by section 20 of part AAA of chapter 56 of the laws
of 2009, paragraph (c) as amended by chapter 568 of the laws of 2004 and
the closing paragraph as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
3. Periods of probation. Unless terminated sooner in accordance with
the criminal procedure law, the period of probation shall be as follows:
(a) (i) For a felony, other than a class A-II felony defined in arti-
cle two hundred twenty of this chapter or the class B felony defined in
section 220.48 of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second felony
drug offender, or a sexual assault, the period of probation shall be A
DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST THREE YEARS AND
WHICH MUST NOT EXCEED five years;
(ii) For a class A-II felony drug offender as defined in paragraph (a)
of subdivision one of section 70.71 of this chapter as described in
paragraph (b) of subdivision one of this section, or a class B felony
committed by a second felony drug offender described in paragraph (b) of
subdivision one of this section, the period of probation shall be life
and for a class B felony defined in section 220.48 of this chapter, the
period of probation shall be twenty-five years;
S. 6255--A 8 A. 9055--A
(iii) For a felony sexual assault, the period of probation shall be
ten years.
(b) (i) For a class A misdemeanor, other than a sexual assault, the
period of probation shall be A DETERMINATE TERM, IN WHOLE YEARS, WHICH
MUST BE AT LEAST TWO YEARS AND WHICH MUST NOT EXCEED three years;
(ii) For a class A misdemeanor sexual assault, the period of probation
shall be six years.
(c) For a class B misdemeanor, the period of probation shall be one
year, except the period of probation shall be no less than one year and
no more than three years for the class B misdemeanor of public lewdness
as defined in section 245.00 of this chapter;
(d) For an unclassified misdemeanor, the period of probation shall be
A DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST TWO YEARS AND
WHICH MUST NOT EXCEED three years if the authorized sentence of impri-
sonment is in excess of three months, otherwise the period of probation
shall be one year.
For the purposes of this section, the term "sexual assault" means an
offense defined in article one hundred thirty or two hundred sixty-
three, or in section 255.25, 255.26 or 255.27 of this chapter, or an
attempt to commit any of the foregoing offenses.
S 1-a. Subdivision 4 of section 60.01 of the penal law, as amended by
chapter 548 of the laws of 1984, is amended to read as follows:
4. [In] NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, IN any case
where a person has been sentenced to a period of probation imposed
pursuant to section 65.00 of this chapter OR PARAGRAPH (D) OF SUBDIVI-
SION TWO OF THIS SECTION, if the [part of the] sentence [that provides
for] OF probation is revoked, the court must sentence such person to
imprisonment or to the sentence of imprisonment and probation as
provided for in paragraph (d) of subdivision two of this section;
PROVIDED, HOWEVER, THAT IF THE ORIGINAL PERIOD OF PROBATION WAS LESS
THAN THE MAXIMUM PROBATION SENTENCE AUTHORIZED BY SUBDIVISION THREE OF
SECTION 65.00 OF THIS CHAPTER, THE COURT MAY INSTEAD IMPOSE THE REMAIN-
ING PORTION OF SUCH MAXIMUM AUTHORIZED SENTENCE IN LIEU OF IMPRISONMENT.
IN THE EVENT THAT A PROBATION SENTENCE IS VIOLATED, THE SENTENCE OF
PROBATION SHALL BE IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 65.00
OF THIS CHAPTER.
S 1-b. Subdivision four of section 65.00 of the penal law, as added by
chapter 264 of the laws of 2003, is amended to read as follows:
4. In any case where a court pursuant to its authority under subdivi-
sion four of section 60.01 of this chapter revokes probation and
sentences such person to imprisonment and probation, as provided in
paragraph (d) of subdivision two of section 60.01 of this chapter OR A
SENTENCE OF PROBATION IMPOSED PURSUANT TO SECTION 65.00 OF THIS CHAPTER,
the period of probation shall be the remaining period of the [original]
MAXIMUM AUTHORIZED probation sentence IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION or one year whichever is greater, IN ADDITION TO
ANY TIME AUTHORIZED PURSUANT TO SUBDIVISION FIVE OF SECTION 410.70 OF
THE CRIMINAL PROCEDURE LAW.
S 1-c. Subdivision five of section 410.70 of the criminal procedure
law, as amended by chapter 112 of the laws of 1985, is amended to read
as follows:
5. Revocation; modification; continuation. At the conclusion of the
hearing the court may revoke, continue or modify the sentence of
probation or conditional discharge. Where the court revokes the
sentence, it must impose sentence as specified in [subdivisions] SUBDI-
VISION three [and] OR four of section 60.01 of the penal law, WHICHEVER
S. 6255--A 9 A. 9055--A
IS APPLICABLE. Where the court continues or modifies the sentence, it
must vacate the declaration of delinquency and direct that the defendant
be released. If the alleged violation is sustained and the court contin-
ues or modifies the sentence, it may extend the sentence up to the peri-
od of interruption specified in subdivision two of section 65.15 of the
penal law, but any time spent in custody in any correctional institution
pursuant to section 410.60 of this article shall be credited against the
term of the sentence.
S 2. Paragraph (c) of subdivision 1 of section 500-a of the
correction law, as amended by chapter 541 of the laws of 1994, is
amended to read as follows:
(c) For the detention of persons awaiting the availability of a court,
pursuant to the provisions of section 210.10, subdivision two of section
530.70 [or], subdivision two of section 410.40 OR SECTION 410.92 of the
criminal procedure law;
S 3. The criminal procedure law is amended by adding a new section
410.92 to read as follows:
S 410.92 PROBATION DETAINER WARRANT.
1. A PERSON UNDER PROBATION SUPERVISION WHO HAS BEEN TAKEN INTO CUSTO-
DY PURSUANT TO SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR
VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION MUST FORTHWITH BE
BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE THE COURT THAT
IMPOSED SENTENCE IS A LOCAL CRIMINAL COURT AND NO JUDGE FROM THAT COURT
IS AVAILABLE, AND SUCH PERSON HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SUBDIVISION FOUR OF SECTION 410.50 OF THIS ARTICLE, SUCH PERSON SHALL BE
BROUGHT BEFORE ANY AVAILABLE ALTERNATIVE COURT AS DESCRIBED IN SUBDIVI-
SION FIVE OF SECTION 120.90 OF THIS CHAPTER. WHERE THE COURT THAT
IMPOSED THE SENTENCE IS A SUPERIOR COURT AND NO JUDGE FROM THAT COURT IS
AVAILABLE, SUCH PERSON SHALL BE BROUGHT BEFORE ANY AVAILABLE LOCAL CRIM-
INAL COURT IN THE SAME COUNTY. WHEN NO SUCH ALTERNATIVE COURT IS AVAIL-
ABLE, THE PROBATION OFFICER SHALL REPORT SUCH FACT AND SUCH EFFORTS TO
LOCATE AN AVAILABLE ALTERNATIVE COURT TO THE DIRECTOR OR DEPUTY DIRECTOR
OF THE LOCAL PROBATION DEPARTMENT, AND THEREUPON A WARRANT MAY BE ISSUED
BY SUCH DIRECTOR OR DEPUTY DIRECTOR FOR THE TEMPORARY DETENTION OF SUCH
PERSON UPON THAT OFFICIAL'S DETERMINATION THAT A PUBLIC SAFETY RISK
REQUIRES THAT THE PROBATIONER BE IMMEDIATELY TAKEN INTO CUSTODY. A
WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE SUFFICIENT
AUTHORITY TO THE SUPERINTENDENT OR OTHER PERSON IN CHARGE OF ANY JAIL,
PENITENTIARY, LOCKUP OR DETENTION PEN TO WHOM IT IS DELIVERED TO HOLD IN
TEMPORARY DETENTION THE PERSON NAMED THEREIN. DURING SUCH PERIOD OF
TEMPORARY DETENTION, A WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL
HAVE THE SAME EFFECT AS A WARRANT ISSUED BY A COURT PURSUANT TO SUBDIVI-
SION TWO OF SECTION 410.40 OF THIS ARTICLE.
2. A PERSON TEMPORARILY DETAINED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE BROUGHT BEFORE THE SENTENCING COURT WITHOUT UNNECESSARY
DELAY, AND IN ANY EVENT WITHIN FORTY-EIGHT HOURS, WHETHER OR NOT THE
COURT IS SCHEDULED TO BE IN SESSION. IF THE COURT HAS REASONABLE CAUSE
TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT
MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR FIX BAIL OR
RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE
AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS ARTI-
CLE. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH
PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT HE
OR SHE BE RELEASED. THE COURT SHALL CONSIDER ALL RELEVANT FACTS AND
CIRCUMSTANCES AND RENDER AN INDEPENDENT JUDGMENT IN MAKING A DECISION
UNDER THIS SUBDIVISION AND SHALL NOT RELY ON THE DETERMINATION TO TEMPO-
S. 6255--A 10 A. 9055--A
RARILY DETAIN SUCH PERSON MADE BY THE DIRECTOR OR DEPUTY DIRECTOR OF THE
LOCAL PROBATION DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
S 4. The office of court administration shall make reasonable efforts
to ensure that judges are available in each county to review the status
of persons taken into custody pursuant to subdivision 4 of section
410.50 of the criminal procedure law in a timely manner and before the
director or deputy director of the local probation department issues a
warrant pursuant to subdivision 1 of section 410.92 of the criminal
procedure law that such person be detained.
S 5. This act shall take effect immediately and section one of this
act shall apply to offenses committed on or after such effective date.
PART E
Section 1. The penal law is amended by adding a new article 62 to read
as follows:
ARTICLE 62
CRIMINAL FORFEITURE
SECTION 62.00 CRIMINAL FORFEITURE.
S 62.00 CRIMINAL FORFEITURE.
1. UPON APPLICATION OF THE PEOPLE, THE COURT, IN IMPOSING SENTENCE ON
A PERSON CONVICTED OF A CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF THE
STATE, SHALL ORDER THAT THE PERSON FORFEIT ANY PROCEEDS OF A CRIME AND
SUBSTITUTED PROCEEDS OF A CRIME, AS THOSE TERMS ARE DEFINED IN SECTION
425.00 OF THE CRIMINAL PROCEDURE LAW. UPON APPLICATION OF THE PEOPLE,
THE COURT, IN IMPOSING SENTENCE ON A PERSON CONVICTED OF A FELONY CRIME
DEFINED IN ANY CHAPTER OF THE LAWS OF THE STATE SHALL ALSO ORDER THAT
THE PERSON FORFEIT ANY PROPERTY, REAL OR PERSONAL, WHICH CONSTITUTES AN
INSTRUMENTALITY OF A FELONY CRIME AS THAT TERM IS DEFINED IN SECTION
425.00 OF THE CRIMINAL PROCEDURE LAW.
THE FORFEITURE ORDER SHALL DIVEST FROM THE DEFENDANT, AND AWARD TO THE
PEOPLE, ALL OF THE DEFENDANT'S INTEREST IN THE PROPERTY FORFEITED, AS
DEFINED IN SECTION 425.00 OF THE CRIMINAL PROCEDURE LAW. WHERE THE COURT
IMPOSES A SENTENCE OF FORFEITURE UPON PROPERTY THAT IS NOT IN THE
PEOPLE'S OR THE CLAIMING AGENT'S OR THE COURT'S CUSTODY AT THE TIME OF
THE IMPOSITION OF THAT SENTENCE, THE FORFEITURE ORDER MAY BE ENFORCED IN
THE SAME MANNER AS AUTHORIZED BY ARTICLE FIFTY-ONE OF THE CIVIL PRACTICE
LAW AND RULES BY ANY CLAIMING AGENT, AS DEFINED IN SUBDIVISION TWELVE OF
SECTION 1310 OF THE CIVIL PRACTICE LAW AND RULES, EXCEPT THAT, UPON
APPLICATION OF THE PEOPLE, THE COURT MAY, AT IMPOSITION OF A SENTENCE,
ISSUE OTHER ORDERS TO OBTAIN POSSESSION OF PROPERTY ORDERED FORFEITED.
WHEN THE COURT IMPOSES A SENTENCE OF FORFEITURE UPON PROPERTY, THE
PEOPLE'S INTEREST IN THE FORFEITED PROPERTY VESTS AT THE TIME OF THE
OFFENSE THAT GAVE RISE TO THE FORFEITURE, UNLESS A THIRD PARTY ESTAB-
LISHES THAT HE OR SHE WAS A BONA FIDE PURCHASER. UPON APPLICATION OF THE
PEOPLE, THE COURT, IN IMPOSING A SENTENCE UPON A PERSON, SHALL AWARD A
MONEY JUDGMENT TO THE PEOPLE AND AGAINST THE DEFENDANT IN AN AMOUNT
EQUAL TO THE VALUE OF THE PROPERTY WHICH CONSTITUTES THE PROCEEDS,
SUBSTITUTED PROCEEDS, OR INSTRUMENTALITY OF THE CRIME OR CRIMES, AS
DEFINED IN SECTION 425.00 OF THE CRIMINAL PROCEDURE LAW, GIVING RISE TO
THE FORFEITURE. THE TOTAL AMOUNT THAT MAY BE RECOVERED BY THE PEOPLE
AGAINST A CRIMINAL DEFENDANT SHALL NOT EXCEED THE VALUE OF THE PROCEEDS,
OR SUBSTITUTED PROCEEDS OF THE CRIME, WHICHEVER AMOUNT IS GREATER, IN
ADDITION TO THE VALUE OF ANY FORFEITED INSTRUMENTALITY.
2. IN THE EVENT OF A PENDING CRIMINAL ACTION IN WHICH A DEFENDANT HAS
ABSCONDED FROM THE JURISDICTION OF THE COURT, THE COURT MAY ORDER
S. 6255--A 11 A. 9055--A
FORFEITURE OF ANY SEIZED OR RESTRAINED PROPERTY, REAL OR PERSONAL,
CONSTITUTING, OR DERIVED FROM, PROCEEDS OF A CRIME AND SUBSTITUTED
PROCEEDS OF A CRIME AS THOSE TERMS ARE DEFINED IN SECTION 425.00 OF THE
CRIMINAL PROCEDURE LAW, AS WELL AS ANY SEIZED OR RESTRAINED PROPERTY,
REAL OR PERSONAL, WHICH CONSTITUTES AN INSTRUMENTALITY OF A FELONY
CRIME, AS THAT TERM IS DEFINED IN SECTION 425.00 OF THE CRIMINAL PROCE-
DURE LAW. THE COURT MAY DISALLOW A PERSON FROM USING THE RESOURCES OF
THE COURTS OF THE STATE OF NEW YORK IN FURTHERANCE OF A CLAIM IN ANY
RELATED FORFEITURE ACTION OR A CLAIM IN THIRD PARTY PROCEEDINGS IN ANY
RELATED CRIMINAL FORFEITURE ACTION UPON A FINDING THAT SUCH PERSON:
(A) AFTER NOTICE OR KNOWLEDGE OF THE FACT THAT A WARRANT OR PROCESS
HAS BEEN ISSUED FOR HIS OR HER APPREHENSION, IN ORDER TO AVOID CRIMINAL
PROSECUTION:
(I) PURPOSELY LEAVES THE JURISDICTION OF THE STATE OF NEW YORK;
(II) DECLINES TO ENTER OR REENTER THE STATE OF NEW YORK TO SUBMIT TO
ITS JURISDICTION;
(III) OTHERWISE EVADES THE JURISDICTION OF THE COURT IN WHICH A CRIMI-
NAL CASE IS PENDING AGAINST THE PERSON; AND
(B) IS NOT CONFINED OR HELD IN CUSTODY IN ANY OTHER JURISDICTION FOR
COMMISSION OF CRIMINAL CONDUCT IN THAT JURISDICTION.
THIS SUBDIVISION MAY BE APPLIED TO A CLAIM FILED BY A CORPORATION IF
ANY MAJORITY SHAREHOLDER OR INDIVIDUAL FILING THE CLAIM ON BEHALF OF THE
CORPORATION IS A PERSON TO WHOM THIS SUBDIVISION APPLIES.
3. ANY PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION MAY BE SEIZED
BY LAW ENFORCEMENT, EX PARTE AND UNDER SEAL, UPON A SHOWING OF PROBABLE
CAUSE TO BELIEVE THAT THE PROPERTY IS FORFEITABLE, EXCEPT THAT A SEIZURE
MAY BE MADE WITHOUT A WARRANT:
(A) PURSUANT TO AN ORDER OF ATTACHMENT; OR
(B) IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY IS SUBJECT
TO FORFEITURE; AND
(I) THE SEIZURE IS MADE PURSUANT TO A LAWFUL ARREST OR SEARCH; OR
(II) ANOTHER EXCEPTION TO THE FOURTH AMENDMENT WARRANT REQUIREMENT OF
THE FEDERAL CONSTITUTION APPLIES.
ANY MOTION FOR THE RETURN OF PROPERTY SEIZED UNDER THIS SECTION SHALL
BE FILED IN THE COURT IN WHICH THE SEIZURE WARRANT WAS ISSUED.
4. OTHER THAN AS PROVIDED IN THIS SECTION, THE PROCEEDINGS GOVERNING
FORFEITURE OF PROPERTY, INCLUDING ANY SEIZURE AND DISPOSAL OF THE PROP-
ERTY UNDER THIS ARTICLE, SHALL BE GOVERNED BY THE PROVISIONS OF SECTION
425.00 OF THE CRIMINAL PROCEDURE LAW.
5. NOTHING IN THIS ARTICLE SHALL SUPERSEDE LOCAL LAWS AFFECTING
FORFEITURE OR ANY SEIZURE OR FORFEITURE PROVISIONS OF THE TAX LAW.
S 2. Subdivisions 2 and 5 of section 1310 of the civil practice law
and rules, subdivisions 2 and 5 as added by chapter 669 of the laws of
1984 and subdivision 4-a as added by chapter 655 of the laws of 1990,
are amended to read as follows:
2. "Proceeds of a crime" means any property obtained through the
commission of a felony OR MISDEMEANOR crime defined in subdivisions five
and six [hereof] OF THIS SECTION, and includes any appreciation in value
of such property.
5. "Post-conviction forfeiture crime" means any [felony] CRIME defined
in [the penal law or] any [other] chapter of the [consolidated] laws of
the state.
S 3. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
tice law and rules, as added by chapter 669 of the laws of 1984, is
amended to read as follows:
S. 6255--A 12 A. 9055--A
(a) Actions relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded upon a
conviction of a [felony] CRIME defined in subdivision five of section
one thousand three hundred ten of this article, or upon criminal activ-
ity arising from a common scheme or plan of which such a conviction is a
part, or upon a count of an indictment or information OR IN SATISFACTION
OF AN APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW alleging a [felony] CRIME
which was dismissed at the time of a plea of guilty to a felony OR
MISDEMEANOR in satisfaction of such count. A court may not grant forfei-
ture until such conviction has occurred. However, an action may be
commenced, and a court may grant a provisional remedy provided under
this article, prior to such conviction having occurred. An action under
this paragraph must be dismissed at any time after sixty days of the
commencement of the action unless the conviction upon which the action
is grounded has occurred, or an [indictment or information] APPROPRIATE
ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW upon which the asserted conviction is to be
based is pending in a superior OR LOCAL CRIMINAL court. An action under
this paragraph shall be stayed during the pendency of a criminal action
which is related to it; provided, however, that such stay shall not
prevent the granting or continuance of any provisional remedy provided
under this article or any other provisions of law.
S 4. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
6. Where the defendant consents to a plea of guilty to [the indict-
ment, or part of the indictment] AN APPROPRIATE ACCUSATORY INSTRUMENT AS
DEFINED IN SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or consents
to be prosecuted by superior court information as set forth in section
195.20 of this chapter, and if the defendant and prosecutor agree that
as a condition of the plea or the superior court information certain
property shall be forfeited by the defendant, the description and pres-
ent estimated monetary value of the property shall be stated in court by
the prosecutor at the time of [plea] DISPOSITION. Within thirty days of
the acceptance of the plea or superior court information by the court,
the prosecutor shall send to the commissioner of the division of crimi-
nal justice services a document containing the name of the defendant,
the description and present estimated monetary value of the property,
and the date the plea [or superior court information] was accepted. Any
property forfeited by the defendant as a condition to a plea of guilty
to an [indictment] APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN
SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or a part thereof, or
to a superior court information, shall be disposed of in accordance with
the provisions of section thirteen hundred forty-nine of the civil prac-
tice law and rules.
S 5. The criminal procedure law is amended by adding a new article 425
to read as follows:
ARTICLE 425
CRIMINAL ASSET FORFEITURE
425.00 DEFINITIONS
425.05 NOTICE TO THE DEFENDANT
425.10 FORFEITURE PROCEDURE AND DETERMINATIONS
425.15 FORFEITURE ORDER
425.20 THIRD-PARTY RIGHTS
425.25 STAY PENDING APPEAL
425.30 SEIZED AND FORFEITED PROPERTY
S. 6255--A 13 A. 9055--A
425.35 ATTORNEY'S PAYMENTS
425.40 PRESERVATION OF OTHER RIGHTS AND REMEDIES
425.45 PROPERTY SEIZED BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT
S 425.00 DEFINITIONS.
1. "PROPERTY" MEANS REAL PROPERTY, PERSONAL PROPERTY, MONEY, NEGOTI-
ABLE INSTRUMENTS, SECURITIES, OR ANYTHING OF VALUE OR ANY INTEREST IN A
THING OF VALUE.
2. "PROCEEDS OF A CRIME" MEANS ANY PROPERTY OBTAINED THROUGH THE
COMMISSION OF A CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF THE STATE,
AND INCLUDES ANY APPRECIATION IN VALUE OF SUCH PROPERTY.
3. "SUBSTITUTED PROCEEDS OF A CRIME" MEANS ANY PROPERTY OBTAINED BY
THE SALE OR EXCHANGE OF PROCEEDS OF A CRIME, AND ANY GAIN REALIZED BY
SUCH SALE OR EXCHANGE.
4. AS USED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, "PROCEEDS"
AND "SUBSTITUTED PROCEEDS" REFER TO GROSS RECEIPTS, NOT PROFITS.
5. "INSTRUMENTALITY OF A FELONY CRIME" MEANS AND INCLUDES ANY PROPERTY
WHOSE USE CONTRIBUTES DIRECTLY AND MATERIALLY TO THE COMMISSION OF A
FELONY CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF THE STATE.
6. "SPECIFIC PROPERTY" MEANS ALL PROPERTY SUBJECT TO FORFEITURE OTHER
THAN THAT PROPERTY WHOSE SEIZURE AND FORFEITURE WOULD REQUIRE A MONEY
JUDGMENT IN FAVOR OF THE PEOPLE.
7. "REAL PROPERTY INSTRUMENTALITY OF A CRIME" MEANS AN INTEREST IN
REAL PROPERTY THE USE OF WHICH CONTRIBUTES DIRECTLY AND MATERIALLY TO
THE COMMISSION OF ANY FELONY DEFINED IN ANY CHAPTER OF THE LAWS OF THE
STATE.
S 425.05 NOTICE TO THE DEFENDANT.
A COURT MUST NOT ENTER A JUDGMENT OF FORFEITURE IN A CRIMINAL PROCEED-
ING UNLESS THE PEOPLE PROVIDE WRITTEN NOTICE OF THEIR INTENTION TO SEEK
THE FORFEITURE OF PROPERTY AS PART OF ANY SENTENCE IN ACCORDANCE WITH
THE APPLICABLE STATUTE. THE NOTICE SHALL BE SERVED UPON THE DEFENDANT
WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT AND BEFORE TRIAL. THE NOTICE NEED
NOT IDENTIFY THE PROPERTY SUBJECT TO FORFEITURE OR SPECIFY THE AMOUNT OF
ANY FORFEITURE MONEY JUDGMENT THAT THE PEOPLE SEEK. WHERE THE PEOPLE
SEEK THE FORFEITURE OF SPECIFIC PROPERTY, EXCLUDING A PERSONAL MONEY
JUDGMENT, IN ADDITION TO NOTICE OF THEIR GENERAL INTENTION TO SEEK
FORFEITURE, THEY SHALL SERVE A FORFEITURE BILL OF PARTICULARS ON THE
DEFENDANT NO LATER THAN NINETY DAYS AFTER THE ARRAIGNMENT. THE FORFEI-
TURE BILL OF PARTICULARS SHALL STATE THE PROPERTY THAT THE PEOPLE SEEK
TO FORFEIT AND THE GENERAL THEORY UNDER WHICH THE PEOPLE SEEK TO FORFEIT
THAT PROPERTY. THE TIMING REQUIREMENTS UNDER THIS SECTION MAY BE WAIVED
BY THE COURT FOR GOOD CAUSE SHOWN, INCLUDING WHERE THE PEOPLE DISCOVER
OR IDENTIFY FORFEITABLE PROPERTY AFTER THE NOTICE PERIODS HAVE ELAPSED.
S 425.10 FORFEITURE PROCEDURE AND DETERMINATIONS.
1. BURDEN OF PROOF. IN A FORFEITURE ACTION UNDER THIS ARTICLE, THE
BURDEN SHALL BE UPON THE PEOPLE TO PROVE BY A PREPONDERANCE OF THE
EVIDENCE THE FACTS NECESSARY TO ESTABLISH A CLAIM FOR FORFEITURE.
2. EVIDENCE AND HEARING. THE FORFEITURE DETERMINATION IS PART OF
SENTENCING, AND THE COURT'S DETERMINATION MAY BE BASED ON EVIDENCE
ALREADY IN THE RECORD, INCLUDING ANY FACTS CONTAINED IN ANY PLEA AGREE-
MENT, AND ON ANY ADDITIONAL EVIDENCE OR INFORMATION SUBMITTED BY THE
PARTIES AND ACCEPTED BY THE COURT AS RELEVANT AND RELIABLE. UPON APPLI-
CATION OF EITHER PARTY, THE COURT MUST CONDUCT A HEARING IN ACCORDANCE
WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION 710.60 OF THE CRIMI-
NAL PROCEDURE LAW AFTER THE CONVICTION.
3. NON-JURY CASES. AS SOON AS PRACTICABLE AFTER A VERDICT OF GUILTY OF
A CHARGE SUBJECTING PROPERTY TO FORFEITURE, THE COURT MUST DETERMINE
S. 6255--A 14 A. 9055--A
WHAT PROPERTY IS SUBJECT TO FORFEITURE UNDER THIS ARTICLE AND ARTICLE
SIXTY-TWO OF THE PENAL LAW. THE COURT MUST DETERMINE WHETHER THE PEOPLE
HAVE PROVEN BY A PREPONDERANCE OF THE EVIDENCE THAT THE SPECIFIC PROPER-
TY IS THE PROCEEDS OF CRIME, SUBSTITUTED PROCEEDS OF A CRIME, OR AN
INSTRUMENTALITY OF A FELONY CRIME, AS APPLICABLE, OR, WHERE THE PEOPLE
SEEK A PERSONAL MONEY JUDGMENT, THE COURT MUST DETERMINE THE AMOUNT OF
THE MONEY JUDGMENT.
4. JURY CASES. IN ANY CASE TRIED BEFORE A JURY, IF THE PEOPLE HAVE
SERVED NOTICE OF THEIR INTENTION TO FORFEIT SPECIFIC PROPERTY, THE COURT
MUST DETERMINE BEFORE THE JURY BEGINS DELIBERATING WHETHER EITHER PARTY
REQUESTS THAT THE JURY BE RETAINED TO DETERMINE THE FORFEITABILITY OF
SPECIFIC PROPERTY SHOULD THE JURY RETURN A VERDICT OF GUILTY TO A CHARGE
SUBJECTING PROPERTY TO FORFEITURE. IF EITHER PARTY TIMELY REQUESTS TO
HAVE THE JURY DETERMINE FORFEITURE, THE PEOPLE MUST SUBMIT A PROPOSED
SPECIAL VERDICT FORM LISTING THE SPECIFIC PROPERTY SUBJECT TO FORFEITURE
AND ASKING THE JURY TO DETERMINE WHETHER THE PEOPLE HAVE PROVEN BY A
PREPONDERANCE OF THE EVIDENCE THAT THE SPECIFIC PROPERTY IS PROCEEDS OF
CRIME, SUBSTITUTED PROCEEDS OF A CRIME, OR AN INSTRUMENTALITY OF A FELO-
NY CRIME, AS APPLICABLE. THE DETERMINATION OF THE AMOUNT OF A PERSONAL
MONEY JUDGMENT SHALL BE MADE ONLY BY THE COURT AND IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION.
S 425.15 FORFEITURE ORDER.
1. CONTENTS OF A SPECIFIC ORDER. IF THE COURT OR JURY FINDS THAT PROP-
ERTY IS SUBJECT TO FORFEITURE, THE COURT MUST PROMPTLY ENTER AN ORDER OF
FORFEITURE SETTING FORTH THE AMOUNT OF ANY MONEY JUDGMENT AND DIRECTING
THE FORFEITURE OF SPECIFIC PROPERTY. THE COURT MUST ENTER THE ORDER
WITHOUT REGARD TO ANY THIRD PARTY'S INTEREST IN THE PROPERTY. DETERMIN-
ING WHETHER A THIRD PARTY HAS SUCH AN INTEREST MUST BE DEFERRED UNTIL
ANY THIRD PARTY FILES A CLAIM UNDER THE PROVISIONS OF THIS ARTICLE OR
ARTICLE SIXTY-TWO OF THE PENAL LAW. THE FORFEITURE ORDER IS PART OF A
DEFENDANT'S SENTENCE. EVEN WHERE A DEFENDANT HAS AGREED TO FORFEITURE OF
CERTAIN PROPERTY, THE COURT STILL MUST ISSUE A FORFEITURE ORDER.
2. SENTENCE AND JUDGMENT. AT SENTENCING -- OR AT ANY TIME BEFORE
SENTENCING IF THE DEFENDANT CONSENTS -- THE FORFEITURE ORDER BECOMES
FINAL AS TO THE DEFENDANT. IF THE ORDER DIRECTS THE DEFENDANT TO FORFEIT
SPECIFIC PROPERTY, THEN THE ORDER REMAINS PRELIMINARY AS TO THIRD
PARTIES UNTIL ANY ANCILLARY PROCEEDING IS CONCLUDED UNDER THIS SECTION
IF A THIRD PARTY TIMELY FILES A CLAIM, AS SET FORTH IN SECTIONS 425.20
AND 425.25 OF THIS ARTICLE. IF NO THIRD PARTY TIMELY FILES A CLAIM UNDER
THIS SECTION, THE FORFEITURE ORDER BECOMES FINAL AS TO ALL PARTIES.
S 425.20 THIRD-PARTY RIGHTS.
1. AN INNOCENT INTEREST IN PROPERTY SHALL NOT BE FORFEITED UNDER ARTI-
CLE SIXTY-TWO OF THE PENAL LAW. THE CLAIMANT SHALL HAVE THE BURDEN OF
PROVING THAT THE CLAIMANT IS AN INNOCENT OWNER BY A PREPONDERANCE OF THE
EVIDENCE. ANY PERSON CLAIMING AN INTEREST IN PROPERTY SUBJECT TO FORFEI-
TURE MAY INSTITUTE A SPECIAL PROCEEDING IN THE COURT BEFORE WHICH THE
CRIMINAL CASE IS PENDING TO DETERMINE THAT CLAIM, BEFORE OR AFTER THE
TRIAL, PURSUANT TO SECTION 1327 OF THE CIVIL PRACTICE LAW AND RULES;
PROVIDED, HOWEVER, THAT IF SUCH SPECIAL PROCEEDING IS INITIATED BEFORE
TRIAL, IT MAY, UPON WRITTEN MOTION OF THE PROSECUTOR, AND IN THE COURT'S
DISCRETION, BE POSTPONED BY THE COURT UNTIL COMPLETION OF THE TRIAL. IN
ADDITION, ANY PERSON CLAIMING AN INTEREST IN PROPERTY SUBJECT TO FORFEI-
TURE MAY PETITION THE COURT PURSUANT TO SECTION 1311 OF THE CIVIL PRAC-
TICE LAW AND RULES.
2. WITH RESPECT TO A PROPERTY INTEREST IN EXISTENCE AT THE TIME THE
ILLEGAL CONDUCT GIVING RISE TO FORFEITURE TOOK PLACE, THE TERM "INNOCENT
S. 6255--A 15 A. 9055--A
OWNER" MEANS AN OWNER WHO DID NOT KNOW OF THE CONDUCT GIVING RISE TO
FORFEITURE; OR UPON LEARNING OF THE CONDUCT GIVING RISE TO THE FORFEI-
TURE, DID ALL THAT REASONABLY COULD BE EXPECTED UNDER THE CIRCUMSTANCES
TO TERMINATE SUCH CRIMINAL USE OF THE PROPERTY.
3. FOR THE PURPOSES OF THIS SECTION, WAYS IN WHICH A PERSON MAY SHOW
THAT HE DID ALL THAT REASONABLY COULD BE EXPECTED UNDER THE CIRCUM-
STANCES TO TERMINATE THE CRIMINAL USE OF PROPERTY MAY INCLUDE DEMON-
STRATING THAT HE, TO THE EXTENT PERMITTED BY LAW:
A. GAVE TIMELY NOTICE TO A LAW ENFORCEMENT AGENCY OF INFORMATION THAT
LED HIM TO KNOW THE CONDUCT GIVING RISE TO A FORFEITURE WOULD OCCUR OR
HAS OCCURRED; OR
B. IN A TIMELY FASHION, REVOKED OR MADE A GOOD FAITH ATTEMPT TO REVOKE
PERMISSION FOR THOSE ENGAGING IN SUCH CONDUCT TO USE THE PROPERTY; OR
C. TOOK REASONABLE ACTIONS IN CONSULTATION WITH A LAW ENFORCEMENT
AGENCY TO DISCOURAGE OR PREVENT THE ILLEGAL USE OF THE PROPERTY.
A PERSON IS NOT REQUIRED BY THIS SECTION TO TAKE STEPS THAT THE PERSON
REASONABLY BELIEVES WOULD BE LIKELY TO SUBJECT ANY PERSON, OTHER THAN
THE PERSON WHOSE CONDUCT GAVE RISE TO THE FORFEITURE, TO PHYSICAL
DANGER.
4. WITH RESPECT TO A PROPERTY INTEREST ACQUIRED AFTER THE CONDUCT
GIVING RISE TO THE FORFEITURE HAS TAKEN PLACE, THE TERM "INNOCENT OWNER"
MEANS A PERSON WHO, AT THE TIME THAT PERSON ACQUIRED THE INTEREST IN THE
PROPERTY WAS A BONA FIDE PURCHASER OR SELLER FOR VALUE, INCLUDING A
PURCHASER OR SELLER OF GOODS OR SERVICES FOR VALUE, DID NOT KNOW AND WAS
REASONABLY WITHOUT CAUSE TO BELIEVE THAT THE PROPERTY WAS SUBJECT TO
FORFEITURE.
AN OTHERWISE VALID CLAIM UNDER THIS SECTION SHALL NOT BE DENIED ON THE
GROUND THAT THE CLAIMANT GAVE NOTHING OF VALUE IN EXCHANGE FOR THE PROP-
ERTY IF:
A. THE PROPERTY IS THE PRIMARY RESIDENCE OF THE CLAIMANT; OR
B. DEPRIVING THE CLAIMANT OF THE PROPERTY WOULD DEPRIVE THE CLAIMANT
OF THE MEANS TO MAINTAIN REASONABLE SHELTER IN THE COMMUNITY FOR THE
CLAIMANT AND ALL DEPENDENTS RESIDING WITH THE CLAIMANT; OR
C. THE PROPERTY IS NOT, AND IS NOT TRACEABLE TO, THE PROCEEDS OF ANY
CRIMINAL OFFENSE; OR
D. THE CLAIMANT ACQUIRED HIS OR HER INTEREST IN THE PROPERTY THROUGH
MARRIAGE, DIVORCE, OR LEGAL SEPARATION; OR
E. THE CLAIMANT WAS THE SPOUSE OR LEGAL DEPENDENT OF A PERSON WHOSE
DEATH RESULTED IN THE TRANSFER OF THE PROPERTY TO THE CLAIMANT THROUGH
INHERITANCE OR PROBATE.
PROVIDED, HOWEVER, THAT THE COURT SHALL LIMIT THE VALUE OF ANY REAL
PROPERTY INTEREST FOR WHICH INNOCENT OWNERSHIP IS RECOGNIZED UNDER THIS
SUBDIVISION TO THE VALUE NECESSARY TO MAINTAIN REASONABLE SHELTER IN THE
COMMUNITY FOR SUCH CLAIMANT AND ALL DEPENDENTS RESIDING WITH THE CLAIM-
ANT.
5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NO PERSON MAY ASSERT
AN OWNERSHIP INTEREST UNDER THIS SECTION IN CONTRABAND OR OTHER PROPERTY
THAT IT IS ILLEGAL TO POSSESS.
6. IF THE COURT DETERMINES, IN ACCORDANCE WITH THIS SECTION, THAT AN
INNOCENT OWNER HAS A PARTIAL INTEREST IN PROPERTY OTHERWISE SUBJECT TO
FORFEITURE, OR A JOINT TENANCY OR TENANCY BY THE ENTIRETY IN SUCH PROP-
ERTY, THE COURT MAY ENTER AN APPROPRIATE ORDER SEVERING THE PROPERTY;
TRANSFERRING THE PROPERTY TO THE PEOPLE WITH A PROVISION THAT THE PEOPLE
COMPENSATE THE INNOCENT OWNER TO THE EXTENT OF HIS OR HER OWNERSHIP
INTEREST ONCE A FINAL ORDER OF FORFEITURE HAS BEEN ENTERED AND THE PROP-
ERTY HAS BEEN REDUCED TO LIQUID ASSETS; OR PERMITTING THE INNOCENT OWNER
S. 6255--A 16 A. 9055--A
TO RETAIN THE PROPERTY SUBJECT TO A LIEN IN FAVOR OF THE PEOPLE TO THE
EXTENT OF THE FORFEITABLE INTEREST IN THE PROPERTY.
7. FOR THE PURPOSES OF THIS SECTION, THE TERM "OWNER" MEANS A PERSON
WITH AN OWNERSHIP INTEREST IN THE SPECIFIC PROPERTY SOUGHT TO BE
FORFEITED, INCLUDING, BUT NOT LIMITED TO, A LEASEHOLD, LIEN, MORTGAGE,
RECORDED SECURITY INTEREST, OR VALID ASSIGNMENT OF AN OWNERSHIP INTER-
EST. IT DOES NOT INCLUDE A PERSON WITH ONLY A GENERAL UNSECURED INTEREST
IN, OR CLAIM AGAINST, THE PROPERTY OR ESTATE OF ANOTHER; A BAILEE UNLESS
THE BAILOR IS IDENTIFIED AND THE BAILEE SHOWS A COLORABLE LEGITIMATE
INTEREST IN THE PROPERTY SEIZED; OR A NOMINEE WHO EXERCISES NO DOMINION
OR CONTROL OVER THE PROPERTY.
8. THIRD-PARTY TRANSFERS. ALL RIGHT, TITLE, AND INTEREST IN PROPERTY
DESCRIBED IN THIS SECTION VESTS IN THE PEOPLE UPON THE COMMISSION OF THE
ACT GIVING RISE TO FORFEITURE UNDER THIS SECTION. ANY SUCH PROPERTY THAT
IS SUBSEQUENTLY TRANSFERRED TO A PERSON OTHER THAN THE DEFENDANT MAY BE
THE SUBJECT OF A SPECIAL VERDICT OF FORFEITURE AND THEREAFTER SHALL BE
ORDERED FORFEITED, UNLESS THE TRANSFEREE ESTABLISHES IN A HEARING PURSU-
ANT TO THIS SECTION THAT HE IS A BONA FIDE PURCHASER FOR VALUE OF SUCH
PROPERTY WHO AT THE TIME OF PURCHASE WAS REASONABLY WITHOUT CAUSE TO
BELIEVE THAT THE PROPERTY WAS SUBJECT TO FORFEITURE UNDER THIS SECTION.
S 425.25 STAY PENDING APPEAL.
IF A DEFENDANT APPEALS FROM A CONVICTION OR AN ORDER OF FORFEITURE,
THE COURT MAY STAY THE ORDER OF FORFEITURE ON TERMS APPROPRIATE TO
ENSURE THAT THE PROPERTY REMAINS AVAILABLE PENDING APPELLATE REVIEW. A
STAY DOES NOT DELAY THE ANCILLARY PROCEEDING OR THE DETERMINATION OF A
THIRD PARTY'S RIGHTS OR INTERESTS. IF THE COURT RULES IN FAVOR OF ANY
THIRD PARTY WHILE AN APPEAL IS PENDING, THE COURT MAY AMEND THE ORDER OF
FORFEITURE BUT MUST NOT TRANSFER ANY PROPERTY INTEREST TO A THIRD PARTY
UNTIL THE DECISION ON APPEAL BECOMES FINAL, UNLESS THE DEFENDANT
CONSENTS IN WRITING OR ON THE RECORD.
S 425.30 SEIZED AND FORFEITED PROPERTY.
1. SEIZING PROPERTY. THE ENTRY OF AN ORDER OF FORFEITURE AUTHORIZES A
PROSECUTOR OR A DESIGNEE TO SEIZE THE SPECIFIC PROPERTY SUBJECT TO
FORFEITURE AND TO COMMENCE PROCEEDINGS THAT COMPLY WITH ANY STATUTES
GOVERNING THIRD-PARTY RIGHTS. THE COURT MAY INCLUDE IN THE ORDER OF
THOSE FORFEITURE CONDITIONS REASONABLY NECESSARY TO PRESERVE THE PROPER-
TY'S VALUE PENDING ANY APPEAL.
2. DISTRIBUTION AND PRESUMPTIONS. THE DISTRIBUTION OF ANY PROPERTY
FORFEITED UNDER THIS ARTICLE AND ANY REBUTTABLE PRESUMPTIONS SHALL BE
TREATED IN THE SAME MANNER AS A FORFEITURE BROUGHT UNDER BY THE
PROVISIONS OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES.
3. REAL PROPERTY SEIZURES. AT NO TIME UNDER ANY PROVISION OF THIS
SECTION OR ARTICLE SIXTY-TWO OF THE PENAL LAW MAY REAL PROPERTY BE
SEIZED PRIOR TO THE ENTRY OF A FORFEITURE ORDER THAT ORDERS THE FORFEI-
TURE OF THAT REAL PROPERTY.
S 425.35 ATTORNEY'S PAYMENTS.
1. PROPERTY ACQUIRED IN GOOD FAITH BY AN ATTORNEY AS PAYMENT FOR THE
REASONABLE AND BONA FIDE FEES OF LEGAL SERVICES OR AS REIMBURSEMENT FOR
REASONABLE AND BONA FIDE EXPENSES RELATED TO THE REPRESENTATION OF A
DEFENDANT IN CONNECTION WITH A CIVIL OR CRIMINAL FORFEITURE PROCEEDING
OR A RELATED CRIMINAL MATTER, SHALL BE EXEMPT FROM A JUDGMENT OF FORFEI-
TURE. HOWEVER, PROPERTY SEIZED OR RESTRAINED UNDER ARTICLE SIXTY-TWO OF
THE PENAL LAW MAY NOT BE RELEASED FOR THE PAYMENT OF ATTORNEY'S FEES.
S 425.40 PRESERVATION OF OTHER RIGHTS AND REMEDIES.
THE REMEDIES PROVIDED FOR IN THIS ARTICLE ARE NOT INTENDED TO SUBSTI-
TUTE FOR, LIMIT, OR SUPERSEDE THE LAWFUL AUTHORITY OF ANY PUBLIC OFFICER
S. 6255--A 17 A. 9055--A
OR AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT OR REMEDY PROVIDED
FOR BY LAW.
S 425.45 PROPERTY SEIZED BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT.
1. WHERE PROPERTY IS SEIZED PURSUANT TO ARTICLE SIXTY-TWO OF THE PENAL
LAW BEFORE THE FILING OF A CHARGING INSTRUMENT, THE PEOPLE SHALL, NOT
LATER THAN NINETY DAYS AFTER A CLAIM HAS BEEN FILED, EITHER OBTAIN A
PROVISIONAL REMEDY PURSUANT TO ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE
LAW AND RULES THAT JUSTIFIES THE CONTINUED RETENTION OF THE PROPERTY OR
SHALL FILE A CHARGING INSTRUMENT THAT GIVES NOTICE OF THE PEOPLE'S
INTENTION TO FORFEIT THAT PROPERTY AS SET FORTH IN SECTION 425.05 OF
THIS ARTICLE, EXCEPT THAT THE COURT MAY EXTEND THE NINETY-DAY PERIOD FOR
GOOD CAUSE SHOWN OR UPON AGREEMENT OF THE PARTIES. IF THE PEOPLE FAIL TO
COMPLY WITH THE PROVISIONS OF THIS SECTION, THE COURT SHALL ORDER THE
RELEASE OF THE PROPERTY.
2. WITHIN TEN BUSINESS DAYS OF SEIZING PROPERTY, THE PEOPLE SHALL SEND
NOTICE TO ANY PERSON KNOWN TO HAVE ALLEGED AN INTEREST IN THE PROPERTY
THAT IS THE SUBJECT OF THE ORDER OF FORFEITURE ADVISING THEM OF THE
SEIZURE, THE SPECIFIC PROPERTY SEIZED, AND THE APPROPRIATE GOVERNMENT
LAWYER AND COURT THAT SAID INDIVIDUAL HAS A RIGHT TO A PROMPT HEARING
FOR A RETURN OF THE PROPERTY.
3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY IF THE COURT FINDS
THAT THE SEIZED PROPERTY:
A. IS CONTRABAND; IS TO BE USED AS EVIDENCE OF A VIOLATION OF THE LAW;
B. IS PARTICULARLY SUITED FOR USE IN ILLEGAL ACTIVITIES BY REASON OF
DESIGN OR OTHER CHARACTERISTIC;
C. IS LIKELY TO BE USED TO COMMIT ADDITIONAL CRIMINAL ACTS IF RETURNED
TO THE CLAIMANT; OR
D. IS LIKELY TO BE USED TO COMMIT ADDITIONAL CRIMINAL ACTS IF RETURNED
TO THE CLAIMANT.
S 6. Paragraphs (e), (f), (g) and (h) of subdivision 2 and subdivision
3 of section 1349 of the civil practice law and rules, paragraphs (e),
(f) and (h) of subdivision 2 and subdivision 3 as added by chapter 655
of the laws of 1990 and paragraph (g) of subdivision 2 as amended by
chapter 398 of the laws of 2004, are amended to read as follows:
(e) [In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, fifteen percent of all moneys realized through
forfeiture to the claiming authority in satisfaction of actual costs and
expenses incurred in the investigation, preparation and litigation of
the forfeiture action, including that proportion of the salaries of the
attorneys, clerical and investigative personnel devoted thereto, plus
all costs and disbursements taxable under the provisions of this chap-
ter;
(f) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of all moneys realized through
forfeiture to the claiming agent in satisfaction of actual costs
incurred for protecting, maintaining and forfeiting the property includ-
ing that proportion of the salaries of attorneys, clerical and investi-
gative personnel devoted thereto;
(g) Forty percent of all moneys realized through forfeiture which are
remaining after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence service fund established
pursuant to section ninety-seven-w of the state finance law;
(h) All moneys remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:
(i) seventy-five percent of such moneys shall be deposited to a law
enforcement purposes subaccount of the general fund of the state where
S. 6255--A 18 A. 9055--A
the claiming agent is an agency of the state or the political subdivi-
sion or public authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
(ii) the remaining twenty-five percent of such moneys shall be depos-
ited to a prosecution services subaccount of the general fund of the
state where the claiming authority is the attorney general or the poli-
tical subdivision of which the claiming authority is a part, to be used
for the prosecution of penal law offenses.
Where multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall be
disbursed to the appropriate law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the partic-
ipation of each claiming agent entered into by the participating claim-
ing agents.] ANY AMOUNTS THAT ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION SHALL BE DISTRIBUTED AS FOLLOWS:
THIRTY-FIVE PERCENT TO THE CLAIMING AUTHORITY; FORTY PERCENT TO THE
CLAIMING AGENT; AND TWENTY-FIVE PERCENT TO THE STATE, TO BE DEPOSITED IN
THE GENERAL FUND. WHERE MULTIPLE CLAIMING AGENTS PARTICIPATED IN THE
FORFEITURE ACTION, THE CLAIMING AUTHORITY MAY DISBURSE THE FUNDS EQUIT-
ABLY AMONG ALL INVOLVED LAW ENFORCEMENT AGENCIES OR INVESTIGATORS.
3. All moneys distributed to the claiming agent and the claiming
authority pursuant to paragraph [(h)] (E) of subdivision two of this
section shall be used to enhance law enforcement efforts and not in
supplantation of ordinary budgetary costs including salaries of person-
nel, and expenses of the claiming authority or claiming agent during the
fiscal year in which this section takes effect.
S 7. Subdivision 3 of section 450.10 of the criminal procedure law is
amended to read as follows:
3. A sentence including an order of criminal forfeiture entered pursu-
ant to EITHER section 460.30 OR SECTION 62.00 of the penal law with
respect to such forfeiture order.
S 8. This act shall take effect immediately.
PART F
Section 1. Section 2 of part H of chapter 503 of the laws of 2009
relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as amended by
section 1 of part B of chapter 57 of the laws of 2011, is amended to
read as follows:
S 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2012] 2013, when it shall expire and
be deemed repealed.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2012.
PART G
Section 1. Subdivision 2 of section 20 of the executive law is amended
by adding a new paragraph i to read as follows:
I. "INCIDENT MANAGEMENT TEAM" MEANS A STATE CERTIFIED TEAM OF TRAINED
PERSONNEL FROM DIFFERENT DEPARTMENTS, ORGANIZATIONS, AGENCIES, AND
JURISDICTIONS WITHIN THE STATE, OR A REGION OF THE STATE, ACTIVATED TO
SUPPORT AND MANAGE MAJOR AND/OR COMPLEX INCIDENTS REQUIRING A SIGNIF-
ICANT NUMBER OF LOCAL, REGIONAL, AND STATE RESOURCES.
S. 6255--A 19 A. 9055--A
S 2. Subdivision 1 of section 21 of the executive law, as amended by
section 93 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. There is hereby created in the executive department a disaster
preparedness commission consisting of the commissioners of transporta-
tion, health, division of criminal justice services, education, [social
services,] economic development, agriculture and markets, housing and
community renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation, corrections
and community supervision [and], children and family services, HOMELAND
SECURITY AND EMERGENCY SERVICES, AND PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES, the president of the New York state energy research and develop-
ment authority, the superintendents of state police, [insurance, bank-
ing,] FINANCIAL SERVICES, the secretary of state, the state fire
administrator, the chair of the public service commission, the adjutant
general, [the directors of the offices within the division of homeland
security and emergency services,] the office for technology, and the
office of victim services, the chairs of the thruway authority, the
metropolitan transportation authority, the port authority of New York
and New Jersey, the chief professional officer of the state coordinating
chapter of the American Red Cross and three additional members, to be
appointed by the governor, two of whom shall be chief executives. Each
member agency may designate an EXECUTIVE LEVEL officer of that agency,
with responsibility for disaster preparedness matters, who may represent
that agency on the commission. The commissioner of the division of home-
land security and emergency services shall serve as chair of the commis-
sion, and the governor shall designate the vice chair of the commission.
The members of the commission, except those who serve ex officio, shall
be allowed their actual and necessary expenses incurred in the perform-
ance of their duties under this article but shall receive no additional
compensation for services rendered pursuant to this article.
S 3. Paragraph f of subdivision 3 of section 21 of the executive law,
as amended by section 2 of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
f. (1) unless it deems it unnecessary, create, following the declara-
tion of a state disaster emergency, a temporary organization in the
disaster area to provide for integration and coordination of efforts
among the various federal, state, municipal and private agencies
involved. The commission, upon a finding that a municipality is unable
to manage local disaster operations, may, with the approval of the
governor, direct the temporary organization to assume direction of the
local disaster operations of such municipality, for a specified period
of time, and in such cases such temporary organization shall assume
direction of such local disaster operations, subject to the supervision
of the commission. In such event, such temporary organization may
utilize such municipality's local resources, provided, however, that the
state shall not be liable for any expenses incurred in using such
municipality's resources. THE STATE SHALL NOT BE LIABLE FOR THE EXPENSES
INCURRED IN USING THIRD PARTY, NON-STATE RESOURCES DEPLOYED TO THE
AFFECTED AREA BY THE TEMPORARY ORGANIZATION, WHICH ARE NECESSARY TO
PROTECT LIFE AND SAFETY;
(2) THE STATE INCIDENT MANAGEMENT TEAM SHALL HAVE THE AUTHORITY TO ACT
AS THE OPERATIONAL ARM OF THE TEMPORARY ORGANIZATION. WHEN CALLED TO
DUTY AND DEPLOYED BY THE STATE, MEMBERS OF ANY STATE OR LOCAL INCIDENT
MANAGEMENT TEAM SHALL BE DEEMED TEMPORARY EMPLOYEES OF THE STATE AND
SHALL HAVE THE SAME PRIVILEGES AND IMMUNITIES AFFORDED TO REGULAR STATE
S. 6255--A 20 A. 9055--A
EMPLOYEES, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY THE PRES-
IDENT OF THE STATE CIVIL SERVICE COMMISSION PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE CIVIL SERVICE LAW;
S 4. Subdivision 5 of section 21 of the executive law, as added by
section 2 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
5. The STATE office of emergency management within the division of
homeland security and emergency services shall serve as the [staff]
OPERATIONAL arm of the commission and shall be responsible for imple-
menting provisions of this article and the rules and policies adopted by
the commission. THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGE-
MENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL EXERCISE THE AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS COMMIS-
SION IN SECTION TWENTY-NINE OF THIS ARTICLE, TO COORDINATE AND DIRECT
STATE AGENCIES AND ASSETS IN RESPONSE TO A STATE DISASTER EMERGENCY ON
BEHALF OF THE GOVERNOR AND THE CHAIR OF THE DISASTER PREPAREDNESS
COMMISSION. IF THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGEMENT
IS UNABLE TO EXERCISE THIS AUTHORITY, THEN THE EXECUTIVE DEPUTY COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
ACT IN THIS CAPACITY. IN THE EVENT THAT THE EXECUTIVE DEPUTY COMMISSION-
ER IS UNABLE TO EXERCISE THIS AUTHORITY, THEN SUCH AUTHORITY SHALL BE
EXERCISED BY THE OFFICIAL WILLING AND ABLE TO DO SO IN THE FOLLOWING
ORDER: THE STATE FIRE ADMINISTRATOR; THE SUPERINTENDENT OF THE DIVISION
OF STATE POLICE; OR THE DIRECTOR OF THE OFFICE OF COUNTERTERRORISM WITH-
IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
S 5. The opening paragraph and paragraph f of subdivision 1 of section
24 of the executive law, the opening paragraph as amended by chapter 158
of the laws of 1994 and paragraph f of subdivision 1 as amended by
section 5 of part B of chapter 56 of the laws of 2010, are amended to
read as follows:
Notwithstanding any inconsistent provision of law, general or special,
in the event of a disaster, rioting, catastrophe, or similar public
emergency within the territorial limits of any county, city, town or
village, or in the event of reasonable apprehension of immediate danger
thereof, and upon a finding by the chief executive thereof that the
public safety is imperiled thereby, such chief executive may proclaim a
local state of emergency within any part or all of the territorial
limits of such local government; provided, however, that in the event of
a radiological accident as defined in section twenty-nine-c of this
article, such chief executive may request of the governor a declaration
of disaster emergency. SUCH PROCLAMATION SHALL REMAIN IN EFFECT FOR A
PERIOD NOT TO EXCEED THIRTY DAYS OR UNTIL RESCINDED BY THE CHIEF EXECU-
TIVE, WHICHEVER OCCURS FIRST. THE CHIEF EXECUTIVE MAY ISSUE ADDITIONAL
PROCLAMATIONS TO EXTEND THE STATE OF EMERGENCY FOR ADDITIONAL PERIODS
NOT TO EXCEED THIRTY DAYS. Following such proclamation and during the
continuance of such local state of emergency, the chief executive may
promulgate local emergency orders to protect life and property or to
bring the emergency situation under control. As illustration, such
orders may, within any part or all of the territorial limits of such
local government, provide for:
f. the establishment or designation of emergency shelters, emergency
medical shelters, and in consultation with the state commissioner of
health, [alternate medical care sites] COMMUNITY BASED CARE CENTERS;
S 6. Subdivision 3 of section 24 of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
S. 6255--A 21 A. 9055--A
3. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emergency
orders of a chief executive of a county shall be executed in [tripli-
cate] QUADRUPLICATE and shall be filed within seventy-two hours or as
soon thereafter as practicable in the office of the clerk of the govern-
ing board of the county, the office of the county clerk [and], the
office of the secretary of state AND THE STATE OFFICE OF EMERGENCY
MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emer-
gency orders of a chief executive of a city, town or village shall be
executed in [triplicate] QUADRUPLICATE and shall be filed within seven-
ty-two hours or as soon thereafter as practicable in the office of the
clerk of such municipal corporation, the office of the county clerk
[and], the office of the secretary of state AND THE STATE OFFICE OF
EMERGENCY MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES.
S 7. Subdivision 1 of section 29-a of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
1. Subject to the state constitution, the federal constitution and
federal statutes and regulations, [and after seeking the advice of the
commission,] the governor may by executive order temporarily suspend
specific provisions of any statute, local law, ordinance, or orders,
rules or regulations, or parts thereof, of any agency during a state
disaster emergency, if compliance with such provisions would prevent,
hinder, or delay action necessary to cope with the disaster.
S 8. Paragraph c of subdivision 2 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
c. "Local emergency management [officer] DIRECTOR" means the local
government official responsible for emergency preparedness, response and
recovery;
S 9. Paragraph a of subdivision 6 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
a. A participating local government may request assistance of other
participating local governments in preventing, mitigating, responding to
and recovering from disasters that result in locally-declared emergen-
cies, or for the purpose of conducting multi-jurisdictional or regional
training, drills or exercises. Requests for assistance may be made
verbally or in writing; verbal requests shall be memorialized in writing
as soon thereafter as is practicable. NOTWITHSTANDING THE PROVISIONS OF
SECTION TWENTY-FIVE OF THIS ARTICLE, THE LOCAL EMERGENCY MANAGEMENT
DIRECTOR SHALL HAVE THE AUTHORITY TO REQUEST AND ACCEPT ASSISTANCE AND
DEPLOY THE LOCAL RESOURCES OF HIS OR HER JURISDICTION UNDER THE INTRA-
STATE MUTUAL AID PROGRAM.
S 10. Paragraph b of subdivision 8 of section 29-h of the executive
law is relettered paragraph d and two new paragraphs b and c are added
to read as follows:
B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, ANY REQUESTING LOCAL GOVERNMENT SHALL BE LIABLE AND RESPONSI-
BLE TO THE ASSISTING LOCAL GOVERNMENT FOR ANY LOSS OR DAMAGE TO EQUIP-
MENT OR SUPPLIES AND SHALL BEAR AND PAY THE EXPENSE INCURRED IN THE
OPERATION AND MAINTENANCE OF ANY EQUIPMENT AND THE COST OF MATERIALS AND
SUPPLIES USED IN RENDERING ASSISTANCE UNDER THIS SECTION.
C. THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR SALARIES OR
OTHER COMPENSATION FOR ITS EMPLOYEES DEPLOYED TO A REQUESTING LOCAL
GOVERNMENT DURING THE TIME THEY ARE NOT PERFORMING THEIR DUTIES PURSUANT
S. 6255--A 22 A. 9055--A
TO SUCH REQUEST, AND SHALL DEFRAY THE ACTUAL TRAVELING AND MAINTENANCE
EXPENSE OF ITS EMPLOYEES AND EQUIPMENT WHILE THEY ARE RENDERING ASSIST-
ANCE UNDER THIS SECTION. THE RECEIVING LOCAL GOVERNMENT SHALL REIMBURSE
THE ASSISTING LOCAL GOVERNMENT FOR ANY MONEYS PAID FOR SUCH SALARIES OR
OTHER COMPENSATION AND TRAVELING AND MAINTENANCE EXPENSES.
S 11. Subdivisions 9 and 10 of section 29-h of the executive law are
renumbered subdivisions 10 and 11 and subdivision 10, as added by
section 10-a of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
10. Liability. a. Each local government is responsible for procuring
and maintaining insurance or other coverage as it deems appropriate.
b. WHILE IN THE PERFORMANCE OF THEIR DUTIES UNDER THE INTRASTATE
MUTUAL AID PROGRAM, EMPLOYEES OF THE ASSISTING LOCAL GOVERNMENT SHALL
HAVE THE SAME IMMUNITIES AND PRIVILEGES AS IF SUCH DUTIES WERE PERFORMED
WITHIN THEIR HOME JURISDICTION. AN ASSISTING LOCAL GOVERNMENT PROVIDING
ASSISTANCE PURSUANT TO THE INTRASTATE MUTUAL AID PROGRAM SHALL BE LIABLE
FOR THE NEGLIGENCE OF ITS EMPLOYEES, WHICH OCCURS IN THE PERFORMANCE OF
THEIR DUTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH NEGLI-
GENCE OCCURRED IN THE PERFORMANCE OF THEIR DUTIES IN THEIR HOME JURIS-
DICTION.
C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN THEIR HOME JURISDICTION.
THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR ALL COSTS OR PAYMENTS
FOR SUCH BENEFITS AS REQUIRED BY LAW.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE ASSISTING
AND RECEIVING LOCAL GOVERNMENTS FROM AGREEING TO OTHER TERMS RELATED TO
LIABILITY AND WORKERS' COMPENSATION BECAUSE OF EXISTING STATUTES, LAWS,
RULES OR REGULATIONS. LOCAL GOVERNMENTS MAY CHOOSE TO ENTER INTO AN
AGREEMENT, AT ANY TIME, TO ALTER THESE TERMS AS THEY DEEM NECESSARY.
E. Nothing in this section shall be construed to provide any
protection against liability, or to create any liability, for an indi-
vidual who responds to a state of emergency where aid has not been
requested, or where aid has not been authorized by the individual's
[local government] HOME JURISDICTION.
S 12. Section 29-h of the executive law is amended by adding two new
subdivisions 9 and 12 to read as follows:
9. PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF AN
ASSISTING LOCAL GOVERNMENT SHALL CONTINUE UNDER THE ADMINISTRATIVE
CONTROL OF THEIR JURISDICTION. HOWEVER, IN ALL OTHER CASES WHERE NOT
PROHIBITED BY EXISTING STATUTE OR OTHER AUTHORITY, EMERGENCY RESPONSE
PERSONNEL OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE DIRECTION
AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
(2) PERFORMANCE BY EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT OF
SERVICES FOR A REQUESTING LOCAL GOVERNMENT PURSUANT TO THIS SECTION
SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOYEES REPRESENTED
BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED PURSUANT TO SECTION
TWO HUNDRED SIX OR TWO HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCLU-
SIVELY PERFORM SUCH SERVICES, AS THAT PHRASE IS USED BY THE PUBLIC
EMPLOYMENT RELATIONS BOARD, ON BEHALF OF THE REQUESTING LOCAL GOVERN-
MENT;
B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER
S. 6255--A 23 A. 9055--A
THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
12. LICENSE, CERTIFICATE AND PERMIT PORTABILITY. A. STATE CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT WHO IS CERTIFIED OR PERMITTED EITHER LOCALLY OR REGIONALLY WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
S 13. This act shall take effect immediately.
PART H
Section 1. Paragraph 1 of subdivision j of section 41 of the retire-
ment and social security law, as amended by chapter 397 of the laws of
2009, is amended to read as follows:
1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be considered in meeting any
service or age requirements prescribed in this chapter, and (c) be
considered in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated the
professional, scientific and technical services unit, the rent regu-
lation services negotiating unit, the security services negotiating
unit, the security supervisors negotiating unit, the state university
professional services negotiating unit, the administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit such service credit limitation provided in
subparagraph (a) of this paragraph shall not exceed two hundred days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory authority,
for employees of the New York state thruway authority, the New York
state canal corporation and the state university construction fund and
for employees of the New York liquidation bureau such service credit
limitation provided in subparagraph (a) of this paragraph shall not
exceed two hundred days. MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, SHALL NOT BE GRANTED ANY ADDITIONAL SERVICE CREDIT FOR UNUSED
SICK LEAVE.
S 2. Subdivisions a and b of section 376 of the retirement and social
security law, subdivision a as amended by chapter 389 of the laws of
1998 and subdivision b as amended by chapter 371 of the laws of 1969,
are amended to read as follows:
S. 6255--A 24 A. 9055--A
a. A member who discontinues service other than by death or retire-
ment:
1. who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, or
2. who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, including a minimum of five years of member
service during which the member contributed to the system and/or partic-
ipated in an increased-take-home-pay or non-contributory plan, and who
does not withdraw his or her accumulated contributions, shall be enti-
tled to make application pursuant to section three hundred seventy of
this article for a vested retirement allowance to be effective on or
after the first day of the month following his or her attainment of
sixty years of age, OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO FIRST
BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. The retire-
ment allowance provided by this section shall vest automatically upon
such discontinuance of service by such member.
3. In the case of such a member who discontinues service other than by
death or retirement after March thirty-first, nineteen hundred sixty-
six, who had been contributing toward and/or participating in an
increased-take-home-pay or non-contributory plan for retirement on a
basis other than retirement at age sixty for five years preceding his or
her discontinuance of service, he or she shall be entitled to make
application for a vested retirement allowance to be effective on or
after the first day of the month following his or her attainment of
fifty-five years of age, OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO
FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
b. The vested retirement allowance shall be computed and paid in
accordance with the provisions of the plan of which the member had been
a participant provided, however, that if the service fraction used to
compute the retirement allowance or the pension provides a benefit
greater than that which would have been provided had the service frac-
tion one-sixtieth been used to compute the benefit, the service fraction
one-sixtieth shall be used to compute the vested retirement allowance
unless such plan shall specify another fraction to be used to compute
the vested retirement allowance. The vested retirement allowance shall
not be paid before the member attains age fifty-five, OR SIXTY-FIVE
YEARS OF AGE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
S 3. Subdivision e of section 440 of the retirement and social securi-
ty law, as added by chapter 285 of the laws of 1997, is amended to read
as follows:
e. Notwithstanding any other provision of law to the contrary, the
provisions and limitations of this article shall apply, as may be appro-
priate, to all investigator members of the New York city employees'
retirement system who last joined such retirement system on or after
July first, nineteen hundred seventy-six, AND PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED
THIS SUBDIVISION.
S. 6255--A 25 A. 9055--A
S 4. Subdivisions 5, 7, 12, 17 and 24 of section 501 of the retirement
and social security law, subdivisions 5, 12 and 17 as added by chapter
890 of the laws of 1976, subdivision 7 as amended by chapter 408 of the
laws of 2000 and subdivision 24 as amended by section 1 of part B of
chapter 504 of the laws of 2009, are amended to read as follows:
5. "Early retirement age" shall mean age fifty-five, for general
members, and the age on which a member completes or would have completed
twenty years of service, for police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
7. "Eligible beneficiary" for the purposes of section five hundred
nine of this article shall mean the following persons or classes of
persons in the order set forth: (a) a surviving spouse who has not
renounced survivorship rights in a separation agreement, until remar-
riage, (b) surviving children until age twenty-five, (c) dependent
parents, determined under regulations promulgated by the comptroller,
(d) any other person who qualified as a dependent on the final federal
income tax return of the member or the return filed in the year imme-
diately preceding the year of death, until such person reaches twenty-
one years of age and (e) with respect to members of the New York city
employees' retirement system (OTHER THAN A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER) and the board of education retirement system of the city of
New York, a person whom the member shall have nominated in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for the purpose of section five hundred eight of this
article. In the event that a class of eligible beneficiaries consists of
more than one person, benefits shall be divided equally among the
persons in such class. For the purposes of section five hundred eight OF
THIS ARTICLE the term "eligible beneficiary" shall mean such person as
the member shall have nominated to receive the benefits provided in this
article. To be effective, such a nomination must be in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for this specific purpose. In the event such desig-
nated beneficiary does not survive him, or if he shall not have so
designated a beneficiary, such benefits shall be payable to the deceased
member's estate or as provided in section one thousand three hundred ten
of the surrogate's court procedure act.
12. "General member" shall mean a member subject to the provisions of
this article who is not a police/fire member, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER.
17. "Normal retirement age" shall be age sixty-two, for general
members, and the age at which a member completes or would have completed
twenty-two years of service, for police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
24. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, except that for members who first join the
state and local employees' retirement system on or after January first,
two thousand ten, overtime compensation paid in any year in excess of
the overtime ceiling, as defined by this subdivision, shall not be
included in the definition of wages. "Overtime compensation" shall mean,
for purposes of this section, compensation paid under any law or policy
under which employees are paid at a rate greater than their standard
rate for additional hours worked beyond those required, including
S. 6255--A 26 A. 9055--A
compensation paid under section one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by three percent each
year thereafter. For the purpose of calculation a member's primary
federal social security retirement or disability benefit, wages shall,
in any calendar year, be limited to the portion of the member's wages
which would be subject to tax under section three thousand one hundred
twenty-one of the internal revenue code of nineteen hundred fifty-four,
or any predecessor or successor provision relating thereto, if such
member was employed by a private employer. FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWELVE WHICH AMENDED THIS SUBDIVISION, AND FOR NEW YORK CITY POLICE/FIRE
REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS, THE FOLLOW-
ING ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: (A) OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (B) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (C) LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (D) ANY FORM OF TERMINATION PAY AND (E) ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S 5. Section 501 of the retirement and social security law is amended
by adding three new subdivisions 25, 26 and 27 to read as follows:
25. "NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER" SHALL MEAN A MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF
THIS ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS A
MEMBER OF EITHER THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION OR THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION.
26. "NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBER" SHALL MEAN A
POLICE/FIRE MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS A MEMBER OF
EITHER THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND.
27. "INVESTIGATOR REVISED PLAN MEMBER" SHALL MEAN AN INVESTIGATOR
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A POLICE
OFFICER AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AND WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE.
S 6. Subdivisions a and b of section 502 of the retirement and social
security law, as amended by section 2 of part B of chapter 504 of the
laws of 2009, are amended to read as follows:
a. A member who first joins a public retirement system of this state
on or after June thirtieth, nineteen hundred seventy-six shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of five years of creditable service after July first,
nineteen hundred seventy-three, except that a member who first joins the
New York state and local employees' retirement system on or after Janu-
ary first, two thousand ten shall not be eligible for service retirement
benefits pursuant to this article until such member has rendered a mini-
S. 6255--A 27 A. 9055--A
mum of ten years of credited service. A MEMBER WHO FIRST BECOMES A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR
SERVICE RETIREMENT BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER
HAS RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
b. A member who previously was a member of a public retirement system
of this state shall not be eligible for service retirement benefits
hereunder until such member has rendered a minimum of five years of
service which is creditable pursuant to section five hundred thirteen of
this article. A member who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall not be eligible for service retirement benefits pursuant to this
article until such member has rendered a minimum of ten years of credit-
ed service. A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS
PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF
TWELVE YEARS OF CREDITED SERVICE.
S 7. Subdivisions a, c and d of section 503 of the retirement and
social security law, subdivision a as amended by chapter 662 of the laws
of 1988, subdivision c as amended by section 143 of subpart B of part C
of chapter 62 of the laws of 2011 and subdivision d as added by chapter
890 of the laws of 1976, are amended to read as follows:
a. The normal service retirement benefit specified in section five
hundred four OF THIS ARTICLE shall be payable to general members, other
than elective members, who have met the minimum service requirements
upon retirement and attainment of age sixty-two, provided, however, a
general member who is a peace officer employed by the unified court
system or a member of a teachers' retirement system may retire without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service. FOR MEMBERS WHO BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, THE NORMAL SERVICE RETIREMENT BENEFITS SPECIFIED IN SECTION FIVE
HUNDRED FOUR OF THIS ARTICLE SHALL BE PAYABLE TO GENERAL MEMBERS, OTHER
THAN ELECTIVE MEMBERS, WHO HAVE MET THE MINIMUM SERVICE REQUIREMENTS
UPON RETIREMENT AND ATTAINMENT OF AGE SIXTY-FIVE.
c. A general member shall be eligible for early service retirement at
age fifty-five with five years of credited service. A general member in
the uniformed correction force of the New York city department of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion c of section five hundred four-b of this article or subdivision c
of section five hundred four-d of this article, or a general member in
the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision, as defined in
subdivision i of section eighty-nine of this chapter or serving in
institutions who is also in a title defined in such subdivision and who
has made an election pursuant to the provisions of article seventeen of
this chapter, shall also be eligible for early service retirement after
twenty-five years of credited service, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION A OF THIS SECTION SHALL
NOT APPLY TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER.
d. The normal service retirement benefit specified in section five
hundred five OF THIS ARTICLE shall be paid to police/fire members, NEW
S. 6255--A 28 A. 9055--A
YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS without regard to age upon retirement
after twenty-two years of service. Early service retirement shall be
permitted upon retirement after twenty years of credited service or
attainment of age sixty-two, PROVIDED, HOWEVER, THAT NEW YORK CITY
POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR SERVICE PRIOR TO THE ATTAIN-
MENT OF TWENTY YEARS OF CREDITED SERVICE.
S 8. Subdivisions a, c and d of section 504 of the retirement and
social security law, subdivision a as added by chapter 890 of the laws
of 1976, subdivision c as amended by section 3 of part B of chapter 504
of the laws of 2009 and subdivision d as amended by section 144 of
subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
a. The service retirement benefit for general members at normal
retirement age with twenty or more years of credited service shall be a
pension equal to one-fiftieth of final average salary times years of
credited service, not in excess of thirty years, less fifty percent of
the primary social security retirement benefit as provided in section
five hundred eleven OF THIS ARTICLE. THE SERVICE RETIREMENT BENEFIT FOR
GENERAL MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE AT NORMAL RETIREMENT AGE SHALL BE A PENSION EQUAL TO ONE-SIXTIETH
OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, NOT IN EXCESS
OF THIRTY YEARS.
c. The early service retirement benefit for general members, except
for general members whose early retirement benefit is specified in
subdivision d of this section, shall be the service retirement benefit
specified in subdivision a or b of this section, as the case may be,
without social security offset, reduced by one-fifteenth for each of the
first two years by which early retirement precedes age sixty-two, plus a
further reduction of: (1) one-thirtieth; or (2) one-twentieth for
members who first join the New York state and local employees' retire-
ment system on or after January first, two thousand ten, for each year
by which early retirement precedes age sixty. At age sixty-two, the
benefit shall be reduced by fifty percent of the primary social security
retirement benefit, as provided in section five hundred eleven of this
article. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS
WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
d. The early service retirement benefit for general members in the
uniformed correction force of the New York city department of
correction, who are not entitled to an early service retirement benefit
pursuant to subdivision c of section five hundred four-a of this article
or subdivision c of section five hundred four-b of this article or
subdivision c of section five hundred four-d of this article, or for
general members in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as defined in subdivision i of section eighty-nine of this chapter,
shall be a pension equal to one-fiftieth of final average salary times
years of credited service at the completion of twenty-five years of
service, but not in excess of fifty percent of final average salary,
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
S. 6255--A 29 A. 9055--A
S 9. Subdivision b of section 504-a of the retirement and social secu-
rity law is amended by adding a new paragraph 4-a to read as follows:
4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
S 10. Subdivision b of section 504-b of the retirement and social
security law is amended by adding a new paragraph 4-a to read as
follows:
4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM FOR CAPTAINS AND ABOVE.
S 11. Subdivision b of section 504-d of the retirement and social
security law is amended by adding a new paragraph 1-a to read as
follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
S 12. Section 505 of the retirement and social security law, as added
by chapter 890 of the laws of 1976, is amended to read as follows:
S 505. Service retirement benefits; police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS. a. The normal service retirement benefit for
police/fire members, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS at normal
retirement age shall be a pension equal to fifty percent of final aver-
age salary, less fifty percent of the primary social security retirement
benefit commencing at age sixty-two, as provided in section five hundred
eleven OF THIS ARTICLE.
b. The early service retirement benefit for police/fire members, NEW
YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS shall be a pension equal to two and
one-tenths percent of final average salary times years of credited
service at the completion of twenty years of service or upon attainment
of age sixty-two, increased by one-third of one percent of final average
salary for each month of service in excess of twenty years, but not in
excess of fifty percent of final average salary, less fifty percent of
the primary social security retirement benefit commencing at age sixty-
two as provided in section five hundred eleven OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS,
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR
SERVICE PRIOR TO THE ATTAINMENT OF TWENTY YEARS OF CREDITED SERVICE.
c. A police/fire member, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED
PLAN MEMBER who retires with twenty-two years of credited service or
less may become eligible for annual escalation of the service retirement
benefit if he elects to have the payment of his benefit commence on the
date he would have completed twenty-two years and one month or more of
service. In such event, the service retirement benefit shall equal two
percent of final average salary for each year of credited service, less
S. 6255--A 30 A. 9055--A
fifty percent of the primary social security retirement benefit commenc-
ing at age sixty-two as provided in section five hundred eleven OF THIS
ARTICLE.
S 13. Subdivisions b and c of section 507 of the retirement and social
security law, subdivision b as amended by chapter 489 of the laws of
2008 and subdivision c as amended by chapter 513 of the laws of 2010,
are amended to read as follows:
b. A police/fire member in active service, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER IN ACTIVE SERVICE OR AN INVES-
TIGATOR REVISED PLAN MEMBER IN ACTIVE SERVICE, or a vested member inca-
pacitated as the result of a qualifying World Trade Center condition as
defined in section two of this chapter, who is not eligible for a normal
service retirement benefit shall be eligible for the accidental disabil-
ity benefit either as provided in subdivision a OF THIS SECTION or if
such member is physically or mentally incapacitated for performance of
duty as the natural and proximate result of an accident sustained in
such active service and not caused by such member's own willful negli-
gence.
c. In the case of a member of a retirement system other than the New
York state and local employees' retirement system, the New York state
teachers' retirement system, the New York city employees' retirement
system, the New York city board of education retirement system or the
New York city teachers' retirement system, OR IN THE CASE OF A MEMBER OF
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER, the accidental disability benefit hereunder shall
be a pension equal to two percent of final average salary times years of
credited service which such member would have attained if employment had
continued until such member's full escalation date, not in excess of the
maximum years of service creditable for the normal service retirement
benefit, less (i) fifty percent of the primary social security disabili-
ty benefit, if any, as provided in section five hundred eleven of this
article, and (ii) one hundred percent of any workers' compensation bene-
fits payable.
In the case of a member of the New York state and local employees'
retirement system, the New York state teachers' retirement system, the
New York city employees' retirement system (OTHER THAN A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER), the New York city board of education retirement
system or the New York city teachers' retirement system, the accidental
disability benefit hereunder shall be a pension equal to sixty percent
of final average salary, less (i) fifty percent of the primary social
security disability benefit, if any, as provided in section five hundred
eleven of this article, and (ii) one hundred percent of any workers'
compensation benefits payable. In the event a disability retiree from
any retirement system is not eligible for the primary social security
disability benefit and continues to be eligible for disability benefits
hereunder, such disability benefit shall be reduced by one-half of such
retiree's primary social security retirement benefit, commencing at age
sixty-two, in the same manner as provided for service retirement bene-
fits under section five hundred eleven of this article.
S 14. The opening paragraph of subdivision a of section 507-a of the
retirement and social security law, as amended by section 145 of subpart
B of part C of chapter 62 of the laws of 2011, is amended to read as
follows:
S. 6255--A 31 A. 9055--A
[Application] SUBJECT TO THE PROVISIONS OF SUBDIVISION E OF THIS
SECTION, APPLICATION for a disability retirement allowance for a member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision of New York state as
defined in subdivision i of section eighty-nine of this chapter or for a
member serving in institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the provisions of
article seventeen of this chapter or the New York city department of
correction may be made by:
S 15. Section 507-a of the retirement and social security law is
amended by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING THE PRECEDING SUBDIVISIONS OF THIS SECTION TO THE
CONTRARY, THIS SECTION SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED
FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
S 16. Subdivision a of section 507-c of the retirement and social
security law, as added by chapter 622 of the laws of 1997, is amended to
read as follows:
a. Any member in the uniformed personnel in institutions under the
jurisdiction of the New York city department of correction, who becomes
physically or mentally incapacitated for the performance of duties as
the natural and proximate result of an injury, sustained in the perform-
ance or discharge of his or her duties by, or as a natural and proximate
result of, an act of any inmate or any person confined in an institution
under the jurisdiction of the department of correction or the department
of health, or by any person who has been committed to such institution
by any court shall be paid a performance of duty disability retirement
allowance equal to three-quarters of final average salary, subject to
the provisions of section 13-176 of the administrative code of the city
of New York, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION
SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY
DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 17. Subdivision b of section 508 of the retirement and social secu-
rity law, as amended by chapter 601 of the laws of 1997, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a policeman, fireman, correction officer, INVESTIGATOR
REVISED PLAN MEMBER or sanitation man and is in a plan which permits
immediate retirement upon completion of a specified period of service
without regard to age or who is subject to the provisions of section
five hundred four or five hundred five of this article, shall upon
completion of ninety days of service be covered for financial protection
in the event of death in service pursuant to this subdivision. Such
death benefit shall be equal to three times the member's salary raised
to the next highest multiple of one thousand dollars, but in no event
shall it exceed three times the maximum salary specified in section one
hundred thirty of the civil service law or, in the case of a member of a
retirement system other than the New York city employees' retirement
system, OR IN THE CASE OF A MEMBER OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM WHO IS A NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, the specific
limitations specified for age of entrance into service contained in
subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
a of this section.
S. 6255--A 32 A. 9055--A
S 18. Paragraph 2 of subdivision b of section 510 of the retirement
and social security law, as added by chapter 890 of the laws of 1976, is
amended to read as follows:
2. The first day of the month following the date on which a member
completes or would have completed twenty-five years of credited service,
with respect to service retirement benefits for police/fire members and
their beneficiaries, NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND THEIR BENEFICIARIES OR INVESTIGATOR REVISED
PLAN MEMBERS AND THEIR BENEFICIARIES.
S 19. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by section 147 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
f. This section shall not apply to general members in the uniformed
correction force of the New York city department of correction or to
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section eighty-nine of this chapter, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 20. Section 512 of the retirement and social security law, as
amended by chapter 379 of the laws of 1986, subdivisions b and c as
amended by chapter 286 of the laws of 2010 and subdivision d as added by
chapter 749 of the laws of 1992, is amended to read as follows:
S 512. Final average salary. a. A member's final average salary shall
be the average wages earned by such a member during any three consec-
utive years which provide the highest average wage; provided, however,
if the wages earned during any year included in the period used to
determine final average salary exceeds that of the average of the previ-
ous two years by more than ten percent, the amount in excess of ten
percent shall be excluded from the computation of final average salary.
[Where] NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, OR FOR A NEW YORK CITY POLICE/FIRE REVISED PLAN
MEMBER, A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, A MEMBER'S FINAL AVERAGE
SALARY SHALL BE THE AVERAGE WAGES EARNED BY SUCH A MEMBER DURING ANY
FIVE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE; PROVIDED,
HOWEVER, IF THE WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD USED
TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THAT OF THE AVERAGE OF THE
PREVIOUS FOUR YEARS BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE
SALARY. IN DETERMINING FINAL AVERAGE SALARY PURSUANT TO ANY PROVISION OF
THIS SUBDIVISION, WHERE the period used to determine final average sala-
ry is the period which immediately precedes the date of retirement, any
month or months (not in excess of twelve) which would otherwise be
included in computing final average salary but during which the member
was on authorized leave of absence at partial pay or without pay shall
be excluded from the computation of final average salary and the month
or an equal number of months immediately preceding such period shall be
substituted in lieu thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members of the New York state employees' retirement
system WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE, the New
S. 6255--A 33 A. 9055--A
York state and local police and fire retirement system and the New York
city teachers' retirement system, a member's final average salary shall
be equal to one-third of the highest total wages earned during any
continuous period of employment for which the member was credited with
three years of service credit; provided, however, if the wages earned
during any year of credited service included the period used to deter-
mine final average salary exceeds the average of the wages of the previ-
ous two years of credited service by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. FOR MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, WITH RESPECT TO MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM, A MEMBER'S FINAL AVERAGE SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED DURING ANY
CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH
FIVE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED
DURING ANY YEAR OF CREDITED SERVICE INCLUDED THE PERIOD USED TO DETER-
MINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVI-
OUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT PERCENT, THE
AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION
OF FINAL AVERAGE SALARY.
c. Notwithstanding the provisions of subdivisions a and b of this
section, the final average salary of an employee who has been a member
of the New York city employees' retirement system (OTHER THAN A NEW YORK
CITY CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER) or the New York city teachers' retirement system
for less than one year shall be the projected one year salary, with the
calculation based upon a twelve month projection of the sums earned in
the portion of the year worked. If a member has been employed for more
than one year but less than two years, then the member's final average
salary shall be the average of the first year and projected second year
earnings based upon the calculation above, and if more than two years,
but less than three years, then one-third the total of the first two
years of employment plus the projected third year's earnings, calculated
as indicated above.
d. Subject to the provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of this section, with
respect to members of the New York city employees' retirement system
(OTHER THAN A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER) and the New York city
board of education retirement system who are subject to the provisions
of this article, a member's final average salary shall be determined
pursuant to the provisions of paragraph thirteen of subdivision e of
section 13-638.4 of the administrative code of the city of New York.
S 21. Subdivision h of section 513 of the retirement and social secu-
rity law, as added by chapter 477 of the laws of 2005, is amended to
read as follows:
h. Notwithstanding any other provision of this section, any general
member in the uniformed correction force of the New York city department
of [corrections] CORRECTION who is absent without pay for a child care
leave of absence pursuant to regulations of the New York city department
of [corrections] CORRECTION shall be eligible for credit for such period
of child care leave provided such member files a claim for such service
credit with the retirement system by December thirty-first, two thousand
five or within ninety days of the termination of the child care leave,
whichever is later, and contributes to the retirement system an amount
S. 6255--A 34 A. 9055--A
which such member would have contributed during the period of such child
care leave, together with interest thereon. Service credit provided
pursuant to this subdivision shall not exceed one year of credit for
each period of authorized child care leave. In the event there is a
conflict between the provisions of this subdivision and the provisions
of any other law or code to the contrary, the provisions of this subdi-
vision shall govern, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
SUBDIVISION SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE
NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
S 22. Section 513 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEW
YORK CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT RECEIVE SERVICE CREDIT FOR ANY UNDOCUMENTED SICK LEAVE
THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
S 23. Subdivisions a, c and d of section 516 of the retirement and
social security law, subdivision a as amended by section 4 of part B of
chapter 504 of the laws of 2009, subdivision c as added by chapter 890
of the laws of 1976 and subdivision d as amended by section 148 of
subpart B of part C of chapter 62 of the laws of 2011, are amended and a
new subdivision e is added to read as follows:
a. A member who has five or more years of credited service or ten or
more years of credited service for members who first join the New York
state and local employees' retirement system on or after January first,
two thousand ten upon termination of employment shall be entitled to a
deferred vested benefit as provided herein. FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, OR FOR NEW YORK
CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS OR INVESTIGATOR REVISED PLAN
MEMBERS, A MEMBER WHO HAS TWELVE OR MORE YEARS OF CREDITED SERVICE UPON
TERMINATION OF EMPLOYMENT SHALL BE ENTITLED TO A DEFERRED VESTED BENEFIT
AS PROVIDED HEREIN.
c. 1. The deferred vested benefit of police/fire members WHO ARE NOT
NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS shall be a pension
commencing at early retirement age equal to two and one-tenths percent
of final average salary times years of credited service, less fifty
percent of the primary social security retirement benefit commencing at
age sixty-two, as provided in section five hundred eleven OF THIS ARTI-
CLE. A police/fire member WHO IS NOT A NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBER may elect to receive his vested benefit commencing at early
retirement age or age fifty-five. If the vested benefit commences before
early retirement age, the benefit shall be reduced by one-fifteenth for
each year, if any, that the member's early retirement age is in excess
of age sixty, and by one-thirtieth for each additional year by which the
vested benefit commences prior to early retirement age. If such vested
benefit is deferred until after such member's normal retirement age, the
benefit shall be computed and subject to annual escalation in the same
manner as provided for an early retirement benefit pursuant to subdivi-
sion c of section five hundred five of this article.
2. THE DEFERRED VESTED BENEFIT OF NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS SHALL BE A PENSION
COMMENCING AT AGE SIXTY-FIVE EQUAL TO TWO AND ONE-TENTH PERCENT OF FINAL
S. 6255--A 35 A. 9055--A
AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, LESS FIFTY PERCENT OF
THE PRIMARY SOCIAL SECURITY RETIREMENT BENEFIT COMMENCING AT AGE SIXTY-
TWO, AS PROVIDED IN SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE.
d. The deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision d of section
five hundred four-b of this article or under subdivision d of section
five hundred four-d of this article, or of general members in the
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision, as defined in
subdivision i of section eighty-nine of this chapter, with twenty or
more years of credited service shall be a pension commencing at normal
retirement age equal to one-fiftieth, OR ONE-SIXTIETH FOR MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, of final aver-
age salary times years of credited service, not in excess of thirty
years. The deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision d of section
five hundred four-b of this article or under subdivision d of section
five hundred four-d of this article, or of general members in the
uniformed personnel in institutions under jurisdiction of the department
of corrections and community supervision, as defined in subdivision i of
section eighty-nine of this chapter, with less than twenty years of
credited service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times years of credited
service. Such deferred vested benefit may be paid in the form of an
early service retirement benefit, or may be postponed until after normal
retirement age, in which event the benefit will be subject to reduction
or escalation as provided in subdivision c of section five hundred four
of this article. MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE SHALL NOT BE ENTITLED TO SUCH EARLY SERVICE RETIREMENT
BENEFIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A MEMBER OF THE
UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
E. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
S 24. Subdivision a of section 517 of the retirement and social secu-
rity law, as added by chapter 890 of the laws of 1976, is amended to
read as follows:
a. Members shall contribute three percent of annual wages to the
retirement system in which they have membership, provided that such
contributions shall not be required for more than thirty years, for
general members, or twenty-five years, for police/fire members, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN THIRTY-TWO THOUSAND AND ONE DOLLAR PER ANNUM AND SIXTY-THREE
THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL
S. 6255--A 36 A. 9055--A
WAGES, AND MEMBERS WITH WAGES ABOVE SIXTY-THREE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF
FORTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND
AND ONE DOLLAR PER ANNUM AND EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM
SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES
ABOVE EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX
PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK CITY POLICE PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF SIXTY-ONE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN SIXTY-ONE THOUSAND AND ONE DOLLAR PER ANNUM AND ONE HUNDRED
TWENTY-TWO THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF
ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR
MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT
PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH
WAGES OF SIXTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE
FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN SIXTY-THREE
THOUSAND AND ONE DOLLAR PER ANNUM AND ONE HUNDRED TWENTY-SIX THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND
MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-SIX THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES, PROVIDED, HOWEVER,
THAT NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS SHALL NOT BE REQUIRED TO MAKE SUCH CONTRIBUTIONS
FOR MORE THAN TWENTY-FIVE YEARS. The head of each retirement system
shall promulgate such regulations as may be necessary and appropriate
with respect to the deduction of such contribution from members' wages
and for the maintenance of any special fund or funds with respect to
amounts so contributed.
S 25. Subdivision b of section 517-c of the retirement and social
security law, as amended by chapter 171 of the laws of 2011, is amended
to read as follows:
b. A member of the New York state and local employees' retirement
system, the New York state and local police and fire retirement system,
the New York city employees' retirement system or the New York city
board of education retirement system in active service who has credit
for at least one year of member service may borrow, no more than once
during each twelve month period, an amount not exceeding seventy-five
percent of the total contributions made pursuant to section five hundred
seventeen OF THIS ARTICLE (including interest credited at the rate set
forth in subdivision c of such section five hundred seventeen compounded
annually) and not less than one thousand dollars, PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER.
S 26. The retirement and social security law is amended by adding a
new section 517-d to read as follows:
S 517-D. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
S. 6255--A 37 A. 9055--A
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT TO SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
C. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
D. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
E. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO FIRST BECAME
MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE
EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF
NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDG-
ET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIB-
UTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE
DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETERMINED
S. 6255--A 38 A. 9055--A
BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF
THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
F. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO FIRST BECAME
MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE IS
BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW
YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDGET,
THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS OF THIS CHAP-
TER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE
DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
G. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
H. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
S 27. Paragraphs 4 and 5 of subdivision a of section 600 of the
retirement and social security law, as amended by chapter 370 of the
laws of 1996, are amended and a new paragraph 6 is added to read as
follows:
4. Members qualified for participation in the uniformed transit police
force plan or housing police force plan in the New York city employees'
retirement [systems] SYSTEM; [and]
S. 6255--A 39 A. 9055--A
5. Investigator [member] MEMBERS of the New York city employees'
retirement system[.]; AND
6. MEMBERS OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION WHO JOIN OR REJOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 28. Subdivision l of section 601 of the retirement and social secu-
rity law, as amended by section 5 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
l. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, except that for members who first join the
New York state and local employees' retirement system or the New York
state teachers' retirement system on or after January first, two thou-
sand ten, overtime compensation paid in any year in excess of the over-
time ceiling, as defined by this subdivision, shall not be included in
the definition of wages. "Overtime compensation" shall mean, for
purposes of this section, compensation paid under any law or policy
under which employees are paid at a rate greater than their standard
rate for additional hours worked beyond those required, including
compensation paid under section one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by three per cent each
year thereafter. FOR MEMBERS WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM
OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE FOLLOWING
ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: 1. OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, 2. WAGES IN
EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, 3. LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, 4. ANY FORM OF TERMINATION PAY, AND 5. ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S 29. Section 601 of the retirement and social security law is amended
by adding a new subdivision m to read as follows:
M. "NEW YORK CITY REVISED PLAN MEMBER" SHALL MEAN A MEMBER OF THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM OR THE BOARD OF EDUCATION RETIREMENT SYSTEM OF THE
CITY OF NEW YORK WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 30. Subdivisions a, b and b-1 of section 602 of the retirement and
social security law, subdivisions a and b as separately amended by
section 6 of part B and section 1 of part C of chapter 504 of the laws
of 2009 and subdivision b-1 as added by section 2 of part C of chapter
504 of the laws of 2009, are amended to read as follows:
a. Except as provided in subdivision b-1 of this section, a member who
first joins a public retirement system of this state on or after July
first, nineteen hundred seventy-six shall not be eligible for service
retirement benefits hereunder until such member has rendered a minimum
of five years of credited service, except that a member who first joins
the New York state and local employees' retirement system or the New
York state teachers' retirement system on or after January first, two
thousand ten shall not be eligible for service retirement benefits
pursuant to this article until such member has rendered a minimum of ten
years of credited service. A MEMBER WHO FIRST BECOMES A MEMBER OF A
S. 6255--A 40 A. 9055--A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSU-
ANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE
YEARS OF CREDITED SERVICE.
b. Except as provided in subdivision b-1 of this section, a member who
previously was a member of a public retirement system of this state
shall not be eligible for service retirement benefits hereunder until
such member has rendered a minimum of five years of service which is
credited pursuant to section six hundred nine of this article. A member
who first joins the New York state and local employees' retirement
system or the New York state teachers' retirement system on or after
January first, two thousand ten shall not be eligible for service
retirement benefits pursuant to this article until such member has
rendered a minimum of ten years of credited service. A MEMBER WHO FIRST
BECOMES A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE
RETIREMENT BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS
RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
b-1. Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, (i) a member of
the New York city teachers' retirement system who holds a position
represented by the recognized teacher organization for collective
bargaining purposes, and who became subject to the provisions of this
article after the effective date of this subdivision, or (ii) a member
of the New York city board of education retirement system who holds a
position represented by the recognized teacher organization for collec-
tive bargaining purposes, and who became subject to the provisions of
this article after the effective date of this subdivision, shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of ten years of credited service, PROVIDED, HOWEVER,
THAT NO SUCH MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO IS A NEW
YORK CITY REVISED PLAN MEMBER SHALL BE ELIGIBLE FOR SERVICE RETIREMENT
BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINI-
MUM OF TWELVE YEARS OF CREDITED SERVICE.
S 31. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 7 of part B of chapter 504 of the laws
of 2009, is amended and a new subdivision a-1 is added to read as
follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article, provided, however, a member of a teachers' retirement system or
the New York state and local employees' retirement system who first
joins such system before January first, two thousand ten or a member who
is a uniformed court officer or peace officer employed by the unified
court system WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE may
retire without reduction of his or her retirement benefit upon attain-
S. 6255--A 41 A. 9055--A
ment of at least fifty-five years of age and completion of thirty or
more years of service, provided, however, that a uniformed court officer
or peace officer employed by the unified court system who first becomes
a member of the New York state and local employees' retirement system on
or after January first, two thousand ten and retires without reduction
of his or her retirement benefit upon attainment of at least fifty-five
years of age and completion of thirty or more years of service pursuant
to this section shall be required to make the member contributions
required by subdivision f of section six hundred thirteen of this arti-
cle for all years of credited and creditable service, PROVIDED FURTHER
THAT THE THE PRECEDING PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO
A NEW YORK CITY REVISED PLAN MEMBER.
A-1. FOR MEMBERS WHO FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE
SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED FOUR OF THIS
ARTICLE SHALL BE PAYABLE TO MEMBERS WHO HAVE MET THE MINIMUM SERVICE
REQUIREMENTS UPON RETIREMENT AND HAVE ATTAINED AGE SIXTY-FIVE.
S 32. Subdivision i of section 603 of the retirement and social secu-
rity law, as amended by section 8 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
i. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS WHO
FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE. 1. A member of a teachers'
retirement system or the New York state and local employees' retirement
system who has met the minimum service requirements but who has less
than thirty years of credited service or a member who first joins the
New York state and local employees' retirement system or the New York
state teachers' retirement system on or after January first, two thou-
sand ten may retire prior to normal retirement age, but no earlier than
attainment of age fifty-five, in which event, unless such person is a
member of the New York city teachers' retirement system who is otherwise
eligible for early service retirement pursuant to subdivision c of
section six hundred four-i of this article, the amount of his or her
retirement benefit otherwise computed without optional modification
shall be reduced in accordance with the following schedule: (i) for
each of the first twenty-four full months that retirement predates age
sixty-two, one-half of one per centum per month; provided, however, that
for members who first join the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-fifteenth per year; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month; provided, however, that for members who
first join the New York state and local employees' retirement system or
the New York state teachers' retirement system on or after January
first, two thousand ten, such amounts shall be equal to one-twentieth
per year, but in no event shall retirement be permitted prior to attain-
ment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
S. 6255--A 42 A. 9055--A
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
S 33. Subdivision t of section 603 of the retirement and social secu-
rity law, as added by section 8-a of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this subdivi-
sion shall be required to make the member contributions required by
subdivision g of section six hundred thirteen of this article for all
years of credited and creditable service. THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT APPLY TO MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE.
S 34. Section 604 of the retirement and social security law is amended
by adding a new subdivision b-1 to read as follows:
B-1. THE SERVICE RETIREMENT BENEFIT FOR MEMBERS WHO FIRST BECOME A
MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE AT AGE SIXTY-FIVE SHALL BE A PENSION EQUAL TO
ONE-SIXTIETH OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE,
NOT IN EXCESS OF THIRTY YEARS. CREDITED SERVICE IN EXCESS OF THIRTY
YEARS SHALL PROVIDE AN ADDITIONAL RETIREMENT ALLOWANCE EQUAL TO THREE
TWO-HUNDREDTHS OF THE FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITED
SERVICE IN EXCESS OF THIRTY YEARS. IN NO EVENT SHALL ANY RETIREMENT
BENEFIT PAYABLE WITHOUT OPTIONAL MODIFICATION BE LESS THAN THE ACTUARI-
ALLY EQUIVALENT ANNUITIZED VALUE OF THE MEMBER'S CONTRIBUTIONS ACCUMU-
LATED WITH INTEREST AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE
DATE OF RETIREMENT.
S 35. Paragraph 1 of subdivision d of section 604-b of the retirement
and social security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
1. A participant in the twenty-five-year and age fifty-five retirement
program who:
(i) discontinues city-service and service as a member of the New York
city transit authority other than by death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less than
twenty-five years of allowable service in the transit authority OR, IN
THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
HAS COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF ALLOWABLE
SERVICE IN THE TRANSIT AUTHORITY PRIOR TO SUCH DISCONTINUANCE; and
S. 6255--A 43 A. 9055--A
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest, if any, required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen of this article; shall be entitled to
receive a deferred vested benefit as provided in section six hundred
twelve of this article.
S 36. Subparagraph (ii) of paragraph 3 of subdivision d of section
604-b of the retirement and social security law, as added by chapter 352
of the laws of 1997, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 37. Subdivision b of section 604-c of the retirement and social
security law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE TWENTY-FIVE-YEAR EARLY RETIRE-
MENT PROGRAM.
S 38. Paragraph 1 of subdivision d of section 604-c of the retirement
and social security law, as amended by chapter 659 of the laws of 1999,
is amended to read as follows:
1. A participant in the twenty-year/age fifty retirement program who:
(i) discontinues service as a Triborough bridge and tunnel member,
other than by death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less than
twenty years of credited service OR, IN THE CASE OF A PARTICIPANT WHO IS
A NEW YORK CITY REVISED PLAN MEMBER, HAS COMPLETED TWELVE BUT LESS THAN
TWENTY YEARS OF CREDITED SERVICE; and
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 39. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-c of the retirement and social security law, as added by chapter 472
of the laws of 1995, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S. 6255--A 44 A. 9055--A
S 40. Subdivision c of section 604-d of the retirement and social
security law is amended by adding a new paragraph 3-a to read as
follows:
3-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE AGE FIFTY-SEVEN RETIREMENT
PROGRAM.
S 41. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 576 of the laws of 2000, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a dispatcher member OR,
IN THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE AS A DISPATCHER MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 42. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 576
of the laws of 2000, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 43. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as an EMT member OR, IN THE
CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO
PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE
YEARS OF ALLOWABLE SERVICE AS AN EMT MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
S. 6255--A 45 A. 9055--A
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 44. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 577
of the laws of 2000, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 45. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 559 of the laws of 2001, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 46. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 559
of the laws of 2001, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 47. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 582 of the laws of 2001, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a special officer, park-
ing control specialist, school safety agent, campus peace officer or
S. 6255--A 46 A. 9055--A
taxi and limousine inspector member OR, IN THE CASE OF A PARTICIPANT WHO
IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH DISCONTIN-
UANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF ALLOWABLE
SERVICE AS A SPECIAL OFFICER, PARKING CONTROL SPECIALIST, SCHOOL SAFETY
AGENT, CAMPUS PEACE OFFICER OR TAXI AND LIMOUSINE INSPECTOR MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest, if any, required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 48. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 582
of the laws of 2001, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 49. Paragraph 1 of subdivision d of section 604-g of the retirement
and social security law, as added by chapter 414 of the laws of 2002, is
amended to read as follows:
1. A participant in the twenty-five year/age fifty retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 50. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-g of the retirement and social security law, as added by chapter 414
of the laws of 2002, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S. 6255--A 47 A. 9055--A
S 51. Paragraph 1 of subdivision d of section 604-h of the retirement
and social security law, as added by chapter 682 of the laws of 2003, is
amended to read as follows:
1. A participant in the twenty-five year retirement program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 52. Subparagraph (ii) of paragraph 2 of subdivision d of section
604-h of the retirement and social security law, as added by chapter 682
of the laws of 2003, is amended to read as follows:
(ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall become payable on the
earliest date on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
S 53. Subdivision b of section 604-i of the retirement and social
security law is amended by adding a new paragraph 5-a to read as
follows:
5-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE AGE FIFTY-FIVE RETIREMENT
PROGRAM.
S 54. Subdivisions a, b, c and d of section 608 of the retirement and
social security law, subdivision a as amended by chapter 379 of the laws
of 1986, subdivisions b and c as amended by chapter 286 of the laws of
2010 and subdivision d as added by chapter 749 of the laws of 1992, are
amended to read as follows:
a. [A] FOR MEMBERS WHO FIRST BECOME MEMBERS OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE BEFORE APRIL FIRST, TWO THOUSAND TWELVE, A member's
final average salary shall be the average wages earned by such a member
during any three consecutive years which provide the highest average
wage; provided, however, if the wages earned during any year included in
the period used to determine final average salary exceeds that of the
average of the previous two years by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, A MEMBER'S FINAL AVERAGE SALARY SHALL BE THE AVERAGE WAGES
S. 6255--A 48 A. 9055--A
EARNED BY SUCH MEMBER DURING ANY FIVE CONSECUTIVE YEARS WHICH PROVIDE
THE HIGHEST AVERAGE WAGE; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING
ANY YEAR INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE SALARY
EXCEEDS THAT OF THE AVERAGE OF THE PREVIOUS FOUR YEARS BY MORE THAN
EIGHT PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED
FROM THE COMPUTATION OF FINAL AVERAGE SALARY. Where the period used to
determine final average salary is the period which immediately precedes
the date of retirement, any month or months (not in excess of twelve)
which would otherwise be included in computing final average salary but
during which the member was on authorized leave of absence at partial
pay or without pay shall be excluded from the computation of final aver-
age salary and the month or an equal number of months immediately
preceding such period shall be substituted in lieu thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members WHO FIRST BECAME MEMBERS of the New York state
AND LOCAL employees' retirement system and the New York city teachers'
retirement system BEFORE APRIL FIRST, TWO THOUSAND TWELVE, a member's
final average salary shall be equal to one-third of the highest total
wages earned by such member during any continuous period of employment
for which the member was credited with three years of service credit;
provided, however, if the wages earned during any year of credited
service included in the period used to determine final average salary
exceeds the average of the wages of the previous two years of credited
service by more than ten percent, the amount in excess of ten percent
shall be excluded from the computation of final average salary. WITH
RESPECT TO MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, A
MEMBER'S FINAL AVERAGE SALARY SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST
TOTAL WAGES EARNED BY SUCH MEMBER DURING ANY CONTINUOUS PERIOD OF
EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH FIVE YEARS OF SERVICE
CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING ANY YEAR OF CRED-
ITED SERVICE INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE
SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVIOUS FOUR YEARS OF
CREDITED SERVICE BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL AVERAGE
SALARY.
c. Notwithstanding the provisions of subdivisions a and b of this
section, the final average salary of an employee who has been a member
of the New York city employees' retirement system or the New York city
teachers' retirement system for less than one year shall be the project-
ed one year salary, with the calculation based upon a twelve month
projection of the sums earned in the portion of the year worked. If a
member has been employed for more than one year but less than two years,
then the member's final average salary shall be the average of the first
year and projected second year earnings based upon the calculation
above, and if more than two years, but less than three years, then one-
third the total of the first two years of employment plus the projected
third year's earnings, calculated as indicated above, PROVIDED THAT THIS
SUBDIVISION SHALL NOT APPLY TO A NEW YORK CITY REVISED PLAN MEMBER OF
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM OR A NEW YORK CITY
REVISED PLAN MEMBER OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.
d. Subject to the provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of this section, with
respect to members of the New York city employees' retirement system and
the New York city board of education retirement system who are subject
S. 6255--A 49 A. 9055--A
to the provisions of this article, a member's final average salary shall
be determined pursuant to the provisions of paragraph fourteen of SUBDI-
VISION E OF section 13-638.4 of the administrative code of the city of
New York, PROVIDED, HOWEVER, THAT THE APPLICABLE PROVISIONS AND LIMITA-
TIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION SIX
HUNDRED ONE OF THIS ARTICLE, SHALL APPLY TO SUCH DETERMINATIONS OF FINAL
AVERAGE SALARY.
S 55. Paragraph 2 of subdivision b of section 609 of the retirement
and social security law, as amended by section 8-c of part B of chapter
504 of the laws of 2009, is amended to read as follows:
2. Previous service credit shall not be granted unless such member
applies therefor and repays the amount refunded by a public retirement
system of the state for service rendered after July first, nineteen
hundred seventy-six together with interest through the date of repayment
at the rate of five percent per annum compounded annually and three
percent of the wages earned for service prior to that date together with
interest from July first, nineteen hundred seventy-six through the date
of payment at the rate of five percent per annum compounded annually and
three percent of the wages earned for service which predates the date of
entry into the retirement system together with interest at the rate of
five percent per annum compounded annually from the date of such service
until the date of payment. Anything in this paragraph to the contrary
notwithstanding, in order to obtain credit for previous service, members
who first join the New York state teachers' retirement system on or
after January first, two thousand ten shall pay three and one-half
percent of wages earned for service which predates the date of entry
into the retirement system together with interest at the rate of five
percent per annum compounded annually from the date of such service
until the date of payment. ANYTHING IN THIS PARAGRAPH TO THE CONTRARY
NOTWITHSTANDING, IN ORDER TO OBTAIN CREDIT FOR PREVIOUS SERVICE, MEMBERS
WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE SHALL PAY SIX PERCENT OF WAGES EARNED FOR
SERVICE WHICH PREDATES THE DATE OF ENTRY INTO THE RETIREMENT SYSTEM
TOGETHER WITH INTEREST AT THE RATE OF FIVE PERCENT PER ANNUM COMPOUNDED
ANNUALLY FROM THE DATE OF SUCH SERVICE UNTIL THE DATE OF PAYMENT.
S 56. Section 609 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NEW
YORK CITY REVISED PLAN MEMBER SHALL NOT RECEIVE SERVICE CREDIT FOR ANY
UNDOCUMENTED SICK LEAVE THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
S 57. Subdivisions a and a-1 of section 612 of the retirement and
social security law, subdivision a as separately amended by section 9 of
part B and section 3 of part C of chapter 504 of the laws of 2009 and
subdivision a-1 as added by section 4 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
a. Except as provided in subdivision a-1 of this section, a member who
has five or more years of credited service, or ten or more years of
credited service for a member who first joined the New York state and
local employees' retirement system or the New York state teachers'
retirement system on or after January first, two thousand ten, upon
termination of employment, other than a member who is entitled to a
deferred vested benefit pursuant to any other provision of this article,
shall be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six hundred four
of this article. Except as provided in subdivision a-1 of this section,
a member of a teachers' retirement system or the New York state and
S. 6255--A 50 A. 9055--A
local employees' retirement system who has five or more years of credit-
ed service, or ten or more years of credited service for a member who
first becomes a member of the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten, upon termination of employment
shall be entitled to a deferred vested benefit prior to normal retire-
ment age, but no earlier than age fifty-five, computed in accordance
with the provisions of subdivision i of section six hundred three of
this article AS AMENDED BY SECTION EIGHT OF PART B OF CHAPTER FIVE
HUNDRED FOUR OF THE LAWS OF TWO THOUSAND NINE. ANYTHING TO THE CONTRARY
NOTWITHSTANDING, A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME A MEMBER OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE MUST HAVE AT LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER
TO QUALIFY FOR A DEFERRED VESTED BENEFIT UNDER THIS SECTION; SUCH MEMBER
SHALL NOT BE ENTITLED TO SUCH BENEFIT PRIOR TO THE MEMBER'S ATTAINMENT
OF AGE SIXTY-FIVE; AND SUCH DEFERRED VESTED BENEFIT SHALL BE COMPUTED
PURSUANT TO SUBDIVISION B-1 OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
a-1. Notwithstanding the provisions of subdivision a of this section
or any other provision of law to the contrary, (i) a member of the New
York city teachers' retirement system who holds a position represented
by the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten or more years of
credited service, or (ii) a member of the New York city board of educa-
tion retirement system who holds a position represented by the recog-
nized teacher organization for collective bargaining purposes, who
became subject to the provisions of this article after the effective
date of this subdivision, and who has ten or more years of credited
service, other than such a member of either of such retirement systems
who is entitled to a deferred vested benefit pursuant to any other
provision of this article, shall, upon termination of employment, be
entitled to a deferred vested benefit at normal retirement age computed
in accordance with the provisions of section six hundred four of this
article. Notwithstanding the provisions of subdivision a of this
section or any other provision of law to the contrary, a member of the
New York city teachers' retirement system who holds a position repres-
ented by the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten or more years of
credited service, shall, upon termination of employment, be entitled to
a deferred vested benefit prior to normal retirement age, but no earlier
than age fifty-five, computed in accordance with the provisions of
subdivision i of section six hundred three of this article, PROVIDED,
HOWEVER, THAT ANY SUCH MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO
IS A NEW YORK CITY REVISED PLAN MEMBER SHALL BE REQUIRED TO HAVE AT
LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER TO BE ELIGIBLE FOR A
DEFERRED VESTED BENEFIT, SUCH MEMBER SHALL NOT BE ENTITLED TO PAYABILITY
OF SUCH BENEFIT PRIOR TO ATTAINMENT OF AGE SIXTY-FIVE AND SUCH DEFERRED
VESTED BENEFIT SHALL BE COMPUTED PURSUANT TO SUBDIVISION B-1 OF SECTION
SIX HUNDRED FOUR OF THIS ARTICLE.
S 58. Paragraphs 1 and 2 of subdivision a and subdivisions c, f and g
of section 613 of the retirement and social security law, paragraph 1 of
subdivision a as amended and paragraph 2 of subdivision a as added by
chapter 10 of the laws of 2000, subdivision c as amended by chapter 389
of the laws of 1998 and subdivisions f and g as added by section 9-a of
S. 6255--A 51 A. 9055--A
part B of chapter 504 of the laws of 2009, are amended to read as
follows:
1. Except as provided by paragraph two of this subdivision, members
shall contribute three percent of annual wages to the retirement system
in which they have membership, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF THIR-
TY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT
OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND AND ONE
DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF FORTY-THREE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN FORTY-THREE THOUSAND AND ONE DOLLAR PER ANNUM AND EIGHTY-FIVE
THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL
WAGES, AND MEMBERS WITH WAGES ABOVE EIGHTY-FIVE THOUSAND PER ANNUM SHALL
CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF FORTY-SEVEN
THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY SEVEN THOUSAND AND ONE
DOLLAR PER ANNUM AND NINETY-FOUR THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
NINETY-FOUR THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF TWENTY-SIX THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN TWENTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND FIFTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES,
AND MEMBERS WITH WAGES ABOVE FIFTY-TWO THOUSAND PER ANNUM SHALL CONTRIB-
UTE SIX PERCENT OF ANNUAL WAGES. The head of each retirement system
shall promulgate such regulations as may be necessary and appropriate
with respect to the deduction of such contribution from members' wages
and for the maintenance of any special fund or funds with respect to
amounts so contributed.
2. A member of the New York city employees' retirement system who is
eligible to be a participant in the twenty-five-year and age fifty-five
retirement program, as defined by paragraph five of subdivision a of
section six hundred four-b of this article shall contribute two percent
of annual wages to such system effective on the starting date of the
elimination of additional member contributions, as defined in an
election made pursuant to paragraph ten of subdivision e of section six
hundred four-b of this article, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF FORTY-THREE
THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND AND ONE
DOLLAR PER ANNUM AND EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
EIGHTY-FIVE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES.
S. 6255--A 52 A. 9055--A
c. Notwithstanding any other provision of law to the contrary, a
person whose membership in a public retirement system has terminated
other than as a result of transfer, retirement or death, or a member of
a public retirement system who is not vested and not entitled to any
other benefit from such system under this article, and who no longer is
employed by a participating employer of such public retirement system in
a position upon which his or her membership is based, may withdraw his
or her member contributions by filing a written demand for withdrawal of
contributions and membership pursuant to rules and regulations promul-
gated by the public retirement system of which he or she is a member.
Upon the death of a person whose membership previously terminated due to
lack of credited service and who did not withdraw his or her member
contributions, or upon the death of a member, provided a death benefit
pursuant to section six hundred seven of this article is not paid, the
member contributions of such person shall be refunded to such person as
he or she shall have nominated to receive a death benefit by written
designation duly executed and filed with the public retirement system
or, in the absence of such designation, to his or her estate. For
purposes of such refunds, interest shall be credited at the rate of five
percent per annum compounded annually to the date of termination of
membership. Provided, however, if a death benefit is paid pursuant to
section six hundred seven of this article, such benefit shall be in lieu
of the refund of such contributions pursuant to this subdivision, howev-
er, in no event shall such death benefit be less than the amount payable
pursuant to this subdivision. Notwithstanding the above, or any other
provision of law to the contrary, a member may, upon separation from
service of the state or a participating employer, withdraw his or her
member contributions pursuant to the applicable provision of law until
such date as such individual has accrued ten years of credited service
in such system. However, the withdrawal of contributions pursuant to
this section by an individual who has accrued at least five years of
creditable service shall terminate his or her membership and all rights
in such retirement system in the same manner as withdrawal of contrib-
utions would terminate the membership of an individual who has not
attained vested status. Nothing in this section shall be construed as
permitting an individual who has accrued at least ten years of credit in
a retirement system to withdraw member contributions, OR TWELVE YEARS OF
CREDIT IN A PUBLIC RETIREMENT SYSTEM OF THE STATE FOR MEMBERS WHO FIRST
BECOME MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE.
f. Anything in subdivision a of this section to the contrary notwith-
standing a member employed as a uniformed court officer or peace officer
in the unified court system who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall contribute four percent of annual wages to the New York state and
local employees' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES
OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND
AND DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. The head of the New York state and local employees' retirement
system shall promulgate such regulations as may be necessary and appro-
priate with respect to the deduction of such contribution from members'
S. 6255--A 53 A. 9055--A
wages and for the maintenance of any special fund or funds with respect
to amounts so contributed.
g. Members who first join the New York state teachers' retirement
system on or after January first, two thousand ten shall contribute
three and one-half percent of annual wages to the New York state teach-
ers' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME MEMBERS
OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF THIRTY-FIVE THOUSAND
DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES,
MEMBERS WITH WAGES BETWEEN THIRTY-FIVE THOUSAND AND ONE DOLLAR PER ANNUM
AND SIXTY-NINE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT
OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE SIXTY-NINE THOUSAND PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. The head of the New
York state teachers' retirement system shall promulgate such regulations
as may be necessary and appropriate with respect to the deduction of
such contribution from members' wages and for the maintenance of any
special fund or funds with respect to amounts so contributed.
S 59. The retirement and social security law is amended by adding a
new section 613-c to read as follows:
S 613-C. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
C. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL BE REQUIRED TO MAKE
ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE
MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE
FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND
SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE
CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION, THE EMPLOYER
CONTRIBUTION RATE TO BE PAID BY EMPLOYERS ON THE SALARIES OF MEMBERS WHO
FIRST BECAME MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL BE REDUCED BY THE
VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
S. 6255--A 54 A. 9055--A
D. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, IS BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE BY
SUCH EMPLOYEES PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFER-
ENCE OF FOUR PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY
TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
ON THE SALARIES OF MEMBERS WHO FIRST BECAME MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE
CONTRIBUTIONS.
E. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
F. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
G. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
S. 6255--A 55 A. 9055--A
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
H. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
I. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOY-
EE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
J. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOW-
ING FORMULA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET
DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK
STATE DIRECTOR OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED
BY TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
S 60. Section 650 of the retirement and social security law, as
amended by chapter 746 of the laws of 1989, is amended to read as
follows:
S 650. Application. This article shall apply to a member of the New
York city employees' retirement system (i) who holds the position of
bridge and tunnel officer, sergeant or lieutenant with the Triborough
bridge and tunnel authority, and has received or receives an appointment
to at least one such position from a competitive civil service list; or
(ii) who holds the position of assistant bridge and tunnel maintainer,
bridge and tunnel maintainer, senior bridge and tunnel maintainer or
laborer with the Triborough bridge and tunnel authority, PROVIDED,
S. 6255--A 56 A. 9055--A
HOWEVER, THAT THIS ARTICLE SHALL NOT APPLY TO A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF
THIS CHAPTER).
S 61. Paragraphs 1 and 1-a of subdivision b of section 911 of the
retirement and social security law, paragraph 1 as amended by section 5
and paragraph 1-a as added by section 6 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
1. Subject to the provisions of paragraph one-a of this subdivision,
AND EXCEPT AS PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, an eligi-
ble member (i) with a date of membership in a retirement system on or
after July twenty-seventh, nineteen hundred seventy-six and (ii) who has
ten or more years of membership or ten or more years of credited service
with a retirement system under the provisions of article fourteen or
fifteen of this chapter shall not be required to contribute to a retire-
ment system pursuant to section five hundred seventeen or six hundred
thirteen of this chapter as of the cessation date.
1-a. Notwithstanding the provisions of paragraph one of this subdivi-
sion or any other provision of law to the contrary, AND EXCEPT AS
PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, a member of the New
York city teachers' retirement system or the New York city board of
education retirement system:
(i) who is a twenty-seven year participant in the age fifty-five
retirement program (as defined in paragraph twelve of subdivision a of
section six hundred four-i of this chapter), and
(ii) who becomes subject to the provisions of article fifteen of this
chapter after the effective date of this paragraph, shall contribute to
a retirement system pursuant to section six hundred thirteen of this
chapter until he or she has completed twenty-seven years of credited
service.
S 62. Subdivision b of section 911 of the retirement and social secu-
rity law is amended by adding a new paragraph 1-b to read as follows:
1-B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER), AN
INVESTIGATOR REVISED PLAN MEMBER (AS DEFINED IN SUBDIVISION TWENTY-SEVEN
OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER) OR A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF
THIS CHAPTER).
S 63. Section 1000 of the retirement and social security law is
amended by adding a new subdivision 10 to read as follows:
10. ANYTHING TO THE CONTRARY IN SUBDIVISION FOUR OF THIS SECTION
NOTWITHSTANDING, TO OBTAIN SUCH CREDIT, A MEMBER WHO FIRST JOINS A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL PAY SUCH RETIREMENT SYSTEM, FOR DEPOSIT IN THE FUND
USED TO ACCUMULATE EMPLOYER CONTRIBUTIONS, A SUM EQUAL TO THE PRODUCT OF
THE NUMBER OF YEARS OF MILITARY SERVICE BEING CLAIMED AND SIX PERCENT OF
SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE MONTHS OF CREDITED
SERVICE IMMEDIATELY PRECEDING THE DATE THAT THE MEMBER MADE APPLICATION
FOR CREDIT PURSUANT TO THIS SECTION.
S 64. Subdivision a of section 1202 of the retirement and social secu-
rity law, as added by section 1 of part A of chapter 504 of the laws of
2009, is amended and a new subdivision c is added to read as follows:
a. In order to qualify for a service retirement benefit, members
subject to the provisions of this article must have a minimum of ten
years of creditable service, EXCEPT THAT A MEMBER WHO FIRST BECOMES A
MEMBER OF THE RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
S. 6255--A 57 A. 9055--A
TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSUANT TO
THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE YEARS OF
CREDITED SERVICE.
C. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
S 65. Section 1204 of the retirement and social security law, as added
by section 1 of part A of chapter 504 of the laws of 2009, is amended to
read as follows:
S 1204. Member contributions. Members who are subject to the
provisions of this article shall contribute three percent of annual
wages to the retirement system in which they have membership, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, MEMBERS WITH WAGES OF SIXTY-SIX THOUSAND DOLLARS PER
ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS
WITH WAGES BETWEEN SIXTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND ONE
HUNDRED THIRTY-TWO THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE
PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED THIR-
TY-TWO THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.
Members who are enrolled in a retirement plan that limits the amount of
creditable service a member can accrue shall not be required to make
contributions pursuant to this section after accruing the maximum amount
of service credit allowed by the retirement plan in which they are
enrolled. The state comptroller shall promulgate such regulations as may
be necessary and appropriate with respect to the deduction of such
contribution from members' wages and for the maintenance of any special
fund or funds with respect to amounts so contributed. In no way shall
the member contributions made pursuant to this section be used to
provide for pension increases or annuities of any kind.
S 66. The retirement and social security law is amended by adding a
new section 1208 to read as follows:
S 1208. ADDITIONAL EMPLOYEE CONTRIBUTIONS AND REDUCED EMPLOYEE
CONTRIBUTIONS. A. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE EXCEEDS FOURTEEN PER CENTUM, SUCH
MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF
ANNUAL WAGES IN ADDITION TO THOSE MADE PURSUANT TO SECTION TWELVE
HUNDRED FOUR OF THIS ARTICLE IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND FOURTEEN PER CENTUM
DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE
MADE PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE
PAID BY EMPLOYERS SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL
EMPLOYEE CONTRIBUTIONS.
B. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE IS BELOW TEN PER CENTUM, THE EMPLOYEE CONTRIBUTIONS
MADE PURSUANT TO SECTION TWELVE HUNDRED FOUR OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN NO
EVENT, HOWEVER, SHALL THE EMPLOYEE CONTRIBUTION RATE BE LESS THAN ZERO
PER CENTUM OF WAGES. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE
REDUCED PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO
S. 6255--A 58 A. 9055--A
BE PAID BY EMPLOYERS SHALL INCREASE BY THE VALUE OF THE EMPLOYEE
CONTRIBUTIONS REDUCED PURSUANT TO THIS SUBDIVISION.
S 67. The retirement and social security law is amended by adding a
new section 1209 to read as follows:
S 1209. FINAL AVERAGE SALARY. FOR MEMBERS WHO FIRST BECOME MEMBERS OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, A MEMBER'S FINAL AVERAGE SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED BY SUCH
MEMBER DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF
THE WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE
PERIOD USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE
WAGES OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY. WAGES IN EXCESS OF THE ANNUAL
SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF
THE STATE CONSTITUTION SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL
AVERAGE SALARY FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
S 68. The retirement and social security law is amended by adding a
new section 1210 to read as follows:
S 1210. WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE FOLLOWING ITEMS SHALL NOT BE INCLUDED IN
THE DEFINITION OF WAGES: A. OVERTIME COMPENSATION PAID UNDER ANY LAW OR
POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STAN-
DARD RATE FOR ADDITIONAL HOURS BEYOND THAT REQUIRED, INCLUDING SECTION
ONE HUNDRED THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF
THE GENERAL MUNICIPAL LAW, B. WAGES IN EXCESS OF THE ANNUAL SALARY PAID
TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF THE STATE
CONSTITUTION, C. LUMP SUM PAYMENTS FOR DEFERRED COMPENSATION, SICK
LEAVE, ACCUMULATED VACATION OR OTHER CREDITS FOR TIME NOT WORKED, D. ANY
FORM OF TERMINATION PAY, AND E. ANY ADDITIONAL COMPENSATION PAID IN
ANTICIPATION OF RETIREMENT.
S 69. Paragraph 2 of subdivision b of section 23-a of the retirement
and social security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to four and one-half percent of
pensionable salaries. NOTWITHSTANDING ANY OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and
S. 6255--A 59 A. 9055--A
S 70. Paragraph 2 of subdivision b of section 323-a of retirement and
social security law, as added by section 2 of part A of chapter 49 of
the laws of 2003, is amended to read as follows:
2. requiring a minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to four and one-half percent of
pensionable salaries. NOTWITHSTANDING ANY OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and
S 71. The retirement and social security law is amended by adding a
new article 23 to read as follows:
ARTICLE 23
DEFINED CONTRIBUTION PROGRAM
SECTION 1250. DEFINITIONS.
1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED.
1252. RATES OF CONTRIBUTION.
1253. ENROLLMENT.
1254. DEATH BENEFIT.
1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED.
S 1250. DEFINITIONS. WHEREVER USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
A. THE TERM "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL MEAN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,
THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,
AND THE NEW YORK CITY FIRE PENSION FUND.
B. THE TERMS "OPTIONAL MEMBER" AND "OPTIONAL MEMBERS" MEAN THOSE
EMPLOYEES WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE AND MAKE AN ELECTION TO JOIN THE DEFINED CONTRIBUTION
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE PURSUANT TO THE PROVISIONS
OF SECTION TWELVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
C. THE TERMS "PROGRAM PARTICIPANT" AND "PROGRAM PARTICIPANTS" MEAN
THOSE EMPLOYEES ELECTING TO PARTICIPATE IN THE DEFINED CONTRIBUTION
PROGRAM.
D. THE TERM "DEFINED CONTRIBUTION PROGRAM" MEANS THE RETIREMENT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
E. THE TERM "WAGES" SHALL MEAN REGULAR COMPENSATION EARNED BY AND PAID
TO A MEMBER BY A PUBLIC EMPLOYER, EXCEPT THAT THE FOLLOWING ITEMS SHALL
NOT BE INCLUDED IN THE DEFINITION OF WAGES: (I) OVERTIME COMPENSATION
PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE
GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND THAT
S. 6255--A 60 A. 9055--A
REQUIRED, INCLUDING SECTIONS ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (II) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (III) LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (IV) ANY FORM OF TERMINATION PAY, AND (V)
ANY ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
S 1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED. THERE IS HEREBY
ESTABLISHED A DEFINED CONTRIBUTION PROGRAM WITHIN EACH PUBLIC RETIREMENT
SYSTEM OF THE STATE WHICH SHALL PROVIDE FOR RETIREMENT BENEFITS FOR OR
ON BEHALF OF PROGRAM PARTICIPANTS. UNDER SUCH PROGRAM THE STATE, THE
CITY OF NEW YORK AND OTHER PARTICIPATING EMPLOYERS AND SUCH EMPLOYEES
SHALL CONTRIBUTE, TO THE EXTENT AUTHORIZED OR REQUIRED, TO SUCH DEFINED
CONTRIBUTION ACCOUNTS. THE PROGRAMS SHALL BE ADMINISTERED BY THE RETIRE-
MENT SYSTEM IN WHICH THE PROGRAM PARTICIPANT IS A MEMBER. EACH PUBLIC
RETIREMENT SYSTEM OF THE STATE IS AUTHORIZED TO PROMULGATE ALL SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED TO IMPLEMENT THE
DEFINED CONTRIBUTION PROGRAMS ESTABLISHED PURSUANT TO THIS ARTICLE,
INCLUDING SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO COMPLY WITH
THE APPLICABLE PROVISIONS OF TITLE TWENTY-SIX OF THE UNITED STATES CODE
RELATING TO DEFINED CONTRIBUTION PLANS AND THEIR QUALIFICATION AND OPER-
ATION AND ALL SUCH RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED
REGARDING THE COLLECTION OF EMPLOYER AND MEMBER CONTRIBUTIONS, INVEST-
MENT OF CONTRIBUTIONS, WITHDRAWALS AND DISTRIBUTION OF MEMBER ACCOUNTS,
NOMINATION OF BENEFICIARIES, THE ASSESSMENT AND COLLECTION FROM EMPLOY-
ERS OF COSTS AND EXPENSES INCURRED IN THE ESTABLISHMENT AND OPERATION OF
THE PLAN, AND ALL OTHER MATTERS PERTAINING THERETO. EACH PUBLIC RETIRE-
MENT SYSTEM OF THE STATE IS AUTHORIZED TO ENTER INTO SUCH AGREEMENTS
WITH QUALIFIED PROVIDERS AS MAY BE NECESSARY OR DESIRABLE FOR THE
INVESTMENT OF MEMBER ACCOUNTS AND THE GENERAL ADMINISTRATION OF THE
PLAN.
S 1252. RATES OF CONTRIBUTION. A. 1. THE EMPLOYER SHALL MAKE A
CONTRIBUTION EQUAL TO FOUR PERCENT OF EACH PROGRAM PARTICIPANTS' WAGES.
SUCH CONTRIBUTIONS SHALL BE KNOWN AS "BASIC EMPLOYER CONTRIBUTIONS".
2. THE EMPLOYER SHALL CONTRIBUTE AN AMOUNT EQUAL TO THE CONTRIBUTION
MADE BY EACH PROGRAM PARTICIPANT, PROVIDED HOWEVER, THAT SUCH ADDITIONAL
CONTRIBUTIONS SHALL NOT EXCEED THREE PERCENT OF EACH PROGRAM PARTIC-
IPANT'S WAGES. SUCH CONTRIBUTIONS SHALL BE KNOWN AS "MATCHING EMPLOYER
CONTRIBUTIONS".
B. IN THE CASE OF ANY PROGRAM PARTICIPANTS, EMPLOYEES SHALL BE ALLOWED
TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT, INCLUSIVE OF
BASIC AND MATCHING EMPLOYER CONTRIBUTIONS, PERMITTED BY FEDERAL LAW IN
26 U.S.C. 401 ET SEQ. AND THE RULES AND REGULATIONS OF THE UNITED STATES
DEPARTMENT OF THE TREASURY PROMULGATED THEREUNDER.
C. NO CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE
MADE BY THE EMPLOYER UNTIL THE PROGRAM PARTICIPANT COMPLETES ONE YEAR OF
SERVICE AND CONTINUES IN SERVICE THEREAFTER. AT THE END OF A PROGRAM
PARTICIPANT'S INITIAL YEAR OF SERVICE, A SINGLE CONTRIBUTION IN AN
AMOUNT DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, WITH INTER-
EST AT THE RATE OF FOUR PER CENTUM PER ANNUM, SHALL BE MADE BY THE
EMPLOYER, ON BEHALF OF SUCH PROGRAM PARTICIPANT CONTINUED IN SERVICE.
S 1253. ENROLLMENT. A. EMPLOYEES WHO FIRST BECOME MEMBERS OF A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, WITHIN THIRTY DAYS OF HIS OR HER ENTRY INTO SERVICE, SHALL HAVE
THE ABILITY TO ELECT THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED PURSU-
ANT TO THIS ARTICLE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
S. 6255--A 61 A. 9055--A
EXECUTED AND FILED WITH THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A
MEMBER AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE. ALL ELIGIBLE EMPLOYEES WHO ELECT
THE DEFINED CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR
ANY PURPOSE UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLI-
CABLE LAW.
B. ALL PROGRAM PARTICIPANTS ENROLLED IN THE DEFINED CONTRIBUTION
PROGRAM SHALL NOT ACCRUE CREDITED SERVICE TO BE USED FOR ANY PURPOSE
UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
S 1254. DEATH BENEFIT. A. PROGRAM PARTICIPANTS SHALL RECEIVE THE
FOLLOWING FINANCIAL PROTECTION IN THE EVENT OF DEATH IN SERVICE: A BENE-
FIT UPON THE DEATH OF A MEMBER IN SERVICE EQUAL TO THE MEMBER'S SALARY
UPON HIS OR HER COMPLETION OF ONE YEAR OF SERVICE, TWO YEARS' SALARY
UPON COMPLETION OF TWO YEARS OF SERVICE, AND THREE YEARS' SALARY UPON
COMPLETION OF THREE YEARS OF SERVICE.
B. FOR THE PURPOSES OF THIS SECTION: 1. THE DEATH BENEFIT PAYABLE
SHALL BE IN LIEU OF THE PAYMENT OF THE BASIC EMPLOYER CONTRIBUTIONS AND
MATCHING EMPLOYER CONTRIBUTIONS MADE PURSUANT TO THIS ARTICLE, BUT SHALL
NOT BE LESS THAN THE VALUE OF SUCH CONTRIBUTIONS AND 2. THE VALUE OF THE
EMPLOYEE CONTRIBUTIONS SHALL BE PAYABLE IN ADDITION TO THE DEATH BENEFIT
PAYABLE PURSUANT TO THIS SECTION.
S 1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE PROVISIONS OF
ANY OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS ARTICLE SHALL
BE CONTROLLING.
S 72. Subdivisions 1 and 2 of section 182 of the education law, subdi-
vision 1 as amended by chapter 63 of the laws of 1993 and subdivision 2
as added by chapter 1076 of the laws of 1968, are amended to read as
follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state shall, during continuance of his employment, make
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his state salary upon which contributions are or may hereafter be
paid to the secretary of the treasury of the United States pursuant to
article three of the retirement and social security law and at the rate
of twelve [percentum] PER CENTUM of that portion of his state salary
above said amount, out of moneys which shall be appropriated to the
department for such purpose. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the state shall, during continuance of his employment, make contrib-
utions at the rate of eight [percentum] PER CENTUM of his state salary
during the first seven years of such employment and at the rate of ten
percentum of his state salary, thereafter, out of moneys which shall be
appropriated to the department for such purpose. IN THE CASE OF ANY
ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE, THE STATE SHALL, DURING CONTINUANCE OF HIS OR HER EMPLOY-
MENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER CENTUM OF HIS OR HER
STATE SALARY OUT OF MONEYS WHICH SHALL BE APPROPRIATED TO THE DEPARTMENT
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE ADDITIONAL CONTRIB-
UTIONS EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion of the employee's salary upon which
contributions are paid to the secretary of the treasury of the United
S. 6255--A 62 A. 9055--A
States pursuant to article three of the retirement and social security
law shall not exceed sixteen thousand five hundred dollars.
2. Employee contributions. In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his state
salary shall be deducted by the state comptroller as the employee
contribution, PROVIDED, HOWEVER, NO EMPLOYEE CONTRIBUTIONS SHALL BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however, that such employee
contribution shall be made by the state in accordance with subdivision
one of this section during such period as (a) either section seventy-a
of the retirement and social security law or section five hundred twen-
ty-eight of [the education law] THIS TITLE provides that the contrib-
ution of each member of the New York state employees' retirement system
or the New York state teachers' retirement system in the employ of the
state shall be reduced by at least eight [percentum] PER CENTUM of his
compensation, or (b) employee contributions to either such system are no
longer required by reason of such system becoming noncontributory for
state employees.
S 73. Subdivisions 1 and 2 of section 392 of the education law, as
amended by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to read
as follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state, with respect to employees of state university, and
the electing employer, with respect to employees of a community college,
shall, during continuance of his employment, make contributions at the
rate of nine [percentum] PER CENTUM of that portion of his salary upon
which contributions, if any, are or may hereafter be paid to the secre-
tary of the treasury of the United States pursuant to article three of
the retirement and social security law and at the rate of twelve
[percentum] PER CENTUM of any portion of his salary upon which such
contributions are not paid, out of monies which shall be appropriated to
state university or which shall be available to the electing employer
for such purpose. In the case of any electing employee initially
appointed on or after July first, nineteen hundred ninety-two, the
state, with respect to employees of the state university and the elect-
ing employer, with respect to employees of a community college, shall,
during continuance of his employment, make contributions at the rate of
eight [percentum] PER CENTUM of his salary during the first seven years
of such employment and at the rate of ten [percentum] PER CENTUM of his
salary thereafter, out of monies which shall be appropriated to the
state university or which shall be available to the electing employer
for such purpose. IN THE CASE OF ANY ELECTING EMPLOYEE INITIALLY
APPOINTED ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE, WITH
RESPECT TO EMPLOYEES OF THE STATE UNIVERSITY AND THE ELECTING EMPLOYER,
WITH RESPECT TO EMPLOYEES OF A COMMUNITY COLLEGE, SHALL, DURING CONTIN-
UANCE OF HIS EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER
CENTUM OF HIS SALARY OUT OF MONIES WHICH SHALL BE APPROPRIATED TO THE
STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO THE ELECTING EMPLOYER
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE ADDITIONAL
CONTRIBUTIONS EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion of the employee's salary upon which
S. 6255--A 63 A. 9055--A
contributions are or may thereafter be paid to the secretary of the
treasury of the United States pursuant to article three of the retire-
ment and social security law shall be deemed not to exceed sixteen thou-
sand five hundred dollars.
2. Employee contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his salary
shall be deducted as the employee contribution by the comptroller, or by
the appropriate fiscal officer with respect to an electing employer,
PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED FOR
ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, provided however, that such employee contribution shall
be made by (i) the state for employees other than those employed by an
electing employer in accordance with subdivision one of this section
during such period as (a) either section seventy-a of the retirement and
social security law or section five hundred twenty-eight of this title
provides that the contribution of each member of the New York state
employees' retirement system or the New York state teachers' retirement
system in the employ of the state shall be reduced by at least eight
[percentum] PER CENTUM of his compensation or (b) employee contributions
to either such system are no longer required by reason of such system
becoming noncontributory for state employees, or (ii) by the electing
employer in accordance with subdivision one of this section during such
period as the contributions of any members of either the New York state
employees' retirement system or the New York state teachers' retirement
system or of any other public retirement system in this state in its
employ shall (a) be reduced by at least eight [percentum] PER CENTUM of
their compensation in accordance with section seventy-a of the retire-
ment and social security law or section five hundred twenty-nine of this
title or section [B3-36.1] 13-152 or section [B20-41.1] 13-546 of the
administrative code of the city of New York or (b) employee contrib-
utions to any such system of which any of its employees are members are
no longer required by reasons of such system becoming non contributory
for such employees; and provided further, however, that such employee
contribution with respect to the fiscal year of the city of New York
beginning on July first, nineteen hundred seventy-two and ending on June
thirtieth, nineteen hundred seventy-three shall be made by the electing
employer in the case of any electing employee who is employed by a
community college operated in such city, notwithstanding any of the
foregoing provisions of this subdivision to the contrary.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law to the contrary, but subject to the
provisions of subdivision d of section six hundred thirteen of the
retirement and social security law, in the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at the
rate of three [percentum] PER CENTUM of his or her salary shall be
deducted as the employee contribution by the appropriate fiscal officer
with respect to such community college, PROVIDED, HOWEVER, THAT FOR
EMPLOYEES INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, NO REQUIRED EMPLOYEE CONTRIBUTIONS SHALL BE DEDUCTED AS THE
EMPLOYEE CONTRIBUTION BY THE APPROPRIATE FISCAL OFFICE WITH RESPECT TO
SUCH COMMUNITY COLLEGE.
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
S. 6255--A 64 A. 9055--A
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after April first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
ELECTING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 74. Subdivisions 1 and 2 of section 6252 of the education law, as
amended by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to read
as follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the city shall, during continuance of his employment, makes
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his city salary upon which contributions are or may hereafter be paid
to the secretary of the treasury of the United States pursuant to arti-
cle three of the retirement and social security law and at the rate of
twelve [percentum] PER CENTUM of that portion of his city salary above
said amount, out of monies which shall be appropriated to the city
university for such purposes. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the city shall, during continuance of his employment, make contributions
at the rate of eight [percentum] PER CENTUM of his city salary during
the first seven years of such employment and at the rate of ten [percen-
tum] PER CENTUM of his city salary, thereafter, out of monies which
shall be appropriated to the city university for such purpose. IN THE
CASE OF ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE CITY SHALL, DURING CONTINUANCE OF HIS
EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR PER CENTUM of his
city salary out of monies which shall be appropriated to the city
university for such purpose. For electing employees initially appointed
on or after April first, two thousand twelve, the state shall make addi-
tional contributions equal to the contribution made by each electing
employee, provided, however, that such additional contributions shall
not exceed three percent of each electing employee's annual wages. For
purposes of this subdivision, that portion of the employee's salary upon
which contributions are or may thereafter be paid to the secretary of
the treasury of the United States pursuant to article three of the
retirement and social security law shall be deemed not to exceed sixteen
thousand five hundred dollars.
2. Employee contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his city
salary shall be deducted as the employee contribution by the comp-
S. 6255--A 65 A. 9055--A
troller, PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however that such employee contrib-
ution shall be made by the city in accordance with subdivision one of
this section during such period as either section seventy-a of the
retirement and social security law or section [B3-36.1] 13-152 or
section [B20-41.1] 13-546 of the administrative code of the city of New
York provides that the contribution of any member of the New York city
employees' retirement system or the New York city teachers' retirement
system in the employ of the city shall be reduced by at least eight
[percentum] PER CENTUM of his compensation; and provided further, howev-
er, that such employee contribution with respect to the fiscal year of
the city beginning on July first, nineteen hundred seventy-two and
ending on June thirtieth, nineteen hundred seventy-three shall be made
by the city, notwithstanding any of the foregoing provisions of this
subdivision to the contrary.
(b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law to the contrary, but subject to the
provisions of subdivision d of section six hundred thirteen of the
retirement and social security law in the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
contributions at the rate of three [percentum] PER CENTUM of his or her
city salary shall be deducted as the employee contribution by the comp-
troller, PROVIDED, HOWEVER, THAT FOR EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, NO REQUIRED EMPLOYEE CONTRIB-
UTIONS SHALL BE DEDUCTED BY THE COMPTROLLER.
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after June first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after June first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
ELECTING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
S 75. Paragraphs (b) and (c) of subdivision 86 of section 13-101 of
the administrative code of the city of New York, as added by chapter 114
of the laws of 1989, are amended to read as follows:
(b) In the case of a uniformed force member who is a member of the
uniformed force of the department of sanitation and is not a TIER III
MEMBER (AS DEFINED IN SUBDIVISION SEVENTY-THREE OF THIS SECTION) OR A
Tier IV member (as defined in subdivision seventy-six of this section),
the term "normal rate of contribution as a uniformed force member" shall
S. 6255--A 66 A. 9055--A
mean the proportion of such member's earnable compensation required to
be deducted from his or her compensation by the applicable provisions of
sections 13-125, 13-154, 13-159 and 13-160 of this chapter as his or her
member contributions, exclusive of any increase in such contributions
pursuant to subdivision d, e, or f of section 13-125 of this chapter, or
any decrease in such contributions on account of any program for
increased-take-home-pay or pursuant to subdivision one of section one
hundred thirty-eight-b of the retirement and social security law (relat-
ing to election to decrease member contributions by contributions due on
account of social security coverage).
(c) In the case of any uniformed force member (1) who is both a member
of the uniformed correction force and a Tier III member, OR (2) WHO IS
BOTH A MEMBER OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION AND
A TIER III MEMBER, the term "normal rate of contribution as a uniformed
force member" shall mean the percentage of the annual wages of such
member required to be deducted from such member's wages by subdivision a
of section five hundred seventeen of the retirement and social security
law, as his or her member contributions.
S 76. Paragraph (b) of subdivision 87 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
(b) a uniformed force member who is not required to contribute during
such payroll period because he or she is a Tier III member who, having
contributed for thirty years, OR WHO, IN THE CASE OF A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THE RETIREMENT
AND SOCIAL SECURITY LAW), HAVING CONTRIBUTED FOR TWENTY-FIVE YEARS, has
discontinued member contributions pursuant to subdivision a of section
five hundred seventeen of the retirement and social security law.
S 77. Paragraph (c) of subdivision 89 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
(c) In the case of any contributing uniformed force member who is both
(1) a member of the uniformed correction force (as defined in subdivi-
sion thirty-nine of this section) OR THE UNIFORMED FORCE OF THE DEPART-
MENT OF SANITATION (AS DEFINED IN SUBDIVISION SIXTY-TWO OF THIS SECTION)
and (2) a Tier III member (as defined in subdivision seventy-three of
this section), the term "uniformed force member contributions eligible
for pick up by the employer" shall mean the amount which, in the absence
of a pick up program applicable to such member pursuant to section
13-125.1 of this chapter, would be required to be deducted from the
wages of such member for such payroll period pursuant to subdivision a
of section five hundred seventeen of the retirement and social security
law as his or her required member contributions for such payroll period.
S 78. Paragraph 14 of subdivision e of section 13-638.4 of the admin-
istrative code of the city of New York, as added by chapter 749 of the
laws of 1992, is amended to read as follows:
(14) (I) Subject to the provisions of subdivision f of this section
and the provisions of subdivision c of section six hundred eight of the
RSSL, where those provisions are applicable, and notwithstanding the
provisions of subdivision a of section six hundred eight of the RSSL,
for a tier IV member of NYCERS WHO IS NOT A NEW YORK CITY REVISED PLAN
MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF THE
RSSL) or FOR A TIER IV MEMBER OF BERS WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, the term "final average salary", as used in article fifteen
of the RSSL, shall be equal to the greater of:
S. 6255--A 67 A. 9055--A
[(i)] (A) one-third of the highest total wages earned by such member
during any continuous period of employment for which the member was
credited with three years of service credit; provided that if the wages
earned during any year of credited service included in the period used
to determine final average salary exceeds the average of the wages of
the previous two years of credited service by more than ten percent, the
amount in excess of ten percent shall be excluded from the computation
of final average salary; or
[(ii)] (B) the total wages earned during any six consecutive years
from service for which the member received service credit divided by the
amount of such service credit earned during that six-year period,
PROVIDED, HOWEVER, THAT "WAGES", AS USED IN THIS PARAGRAPH, SHALL MEAN
THE APPLICABLE PROVISIONS AND LIMITATIONS OF THE TERM "WAGES", AS
DEFINED IN SUBDIVISION 1 OF SECTION SIX HUNDRED ONE OF THE RSSL.
(II) SUBJECT TO THE PROVISIONS OF SUBDIVISION F OF THIS SECTION WHERE
THOSE PROVISIONS ARE APPLICABLE, AND NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISIONS A AND C OF SECTION SIX HUNDRED EIGHT OF THE RSSL, FOR A
TIER IV MEMBER OF NYCERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER (AS
DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF THE RSSL) OR A
TIER IV MEMBER OF BERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER, THE
TERM "FINAL AVERAGE SALARY", AS USED IN ARTICLE FIFTEEN OF THE RSSL,
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED BY SUCH
MEMBER DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT; PROVIDED THAT IF THE
WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES
OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY, PROVIDED FURTHER THAT "WAGES",
AS USED IN THIS PARAGRAPH, SHALL MEAN THE APPLICABLE PROVISIONS AND
LIMITATIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION
SIX HUNDRED ONE OF THE RSSL.
S 79. Nothing contained in sections seventy-five, seventy-six and
seventy-seven of this act shall be construed to create any contractual
right with respect to members to whom such sections apply. The
provisions of such sections are intended to afford members the advan-
tages of certain benefits contained in the internal revenue code, and
the effectiveness and existence of such sections and benefits they
confer are completely contingent thereon.
S 80. Notwithstanding any provision of law to the contrary, nothing in
this act shall limit the eligibility of any member of an employee organ-
ization to join a special retirement plan open to him or her pursuant to
a collectively negotiated agreement with any state or local government
employer, where such agreement is in effect on the effective date of
this act and so long as such agreement remains in effect thereafter;
provided, however, that any such eligibility shall not apply upon termi-
nation of such agreement for employees otherwise subject to the
provisions of article 22 of the retirement and social security law,
provided further that this section shall not be construed as authorizing
any member who first joins a public retirement system of the state (as
defined in subdivision 23 of section 501 of the retirement and social
security law) on or after April 1, 2012 to become a participant in any
of the special plans established by section 504-a, 504-b, 504-d, 604-a,
604-c (as added by chapter 96 of the laws of 1995), 604-d or 604-i of
the retirement and social security law or section 13-157.1 or 13-157.4
of the administrative code of the city of New York.
S. 6255--A 68 A. 9055--A
S 81. No enhancement, increase or other alteration or change in the
benefit structure provided herein shall be authorized.
S 82. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 83. This act shall take effect April 1, 2012, provided that the
amendments to subdivision a of section 603 of the retirement and social
security law made by section thirty-one of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section 13
of chapter 682 of the laws of 2003, as amended, provided, further that
the amendments to subdivisions 86, 87 and 89 of section 13-101 of the
administrative code of the city of New York made by sections seventy-
five, seventy-six and seventy-seven of this act shall not affect the
expiration of such subdivisions and shall be deemed to expire therewith.
PART I
Section 1. Section 167-a of the civil service law, as separately
amended by section 8 of part T and section 1 of part U of chapter 56 of
the laws of 2010, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the premium charge for such supplementary medical insurance
benefits for such active or retired employee and his or her dependents,
if any, shall be paid monthly or at other intervals to such active or
retired employee from the health insurance fund. Where appropriate, such
amount may be deducted from contributions payable by the employee or
retired employee; or where appropriate in the case of a retired employee
receiving a retirement allowance, such amount may be included with
payments of his or her retirement allowance. All state employer, employ-
ee, retired employee and dependent contributions to the health insurance
fund, INCLUDING CONTRIBUTIONS FROM PUBLIC AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE, shall be
adjusted as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium charges under this
section. This cost shall be included in the calculation of premium or
subscription charges for health coverage provided to [state] employees
and retired [state] employees OF THE STATE, PUBLIC AUTHORITIES, PUBLIC
BENEFIT CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE;
provided, however, the state, PUBLIC AUTHORITIES, PUBLIC BENEFIT CORPO-
RATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE shall remain
obligated to pay no less than its share of such increased cost consist-
ent with its share of premium or subscription charges provided for by
this article. All other employer contributions to the health insurance
fund shall be adjusted as necessary to provide for such payments.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
S. 6255--A 69 A. 9055--A
PART J
Section 1. Section 25 of the state finance law is amended to read as
follows:
S 25. Reappropriation bills. Every appropriation reappropriating
moneys shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and the year, chapter
and part or section of the last act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
If it is proposed to change in any detail the purpose for which the
original appropriation was made, the bill as submitted by the governor
shall show clearly [any] such change.
ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS AFTER THE
DATE UPON WHICH THE ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND SECTION NINETY-NINE-D OF THIS
CHAPTER, AS ADDED BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL BE PAID OUT OF THE
STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
S 2. This act shall take effect April 1, 2013.
PART K
Section 1. Paragraph 1 of subdivision 2-a of section 19-a of the
public lands law, as amended by section 1 of part K-1 of chapter 109 of
the laws of 2006, is amended to read as follows:
(1) Notwithstanding any provision of this section to the contrary, in
addition to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office building project in accordance with the
provisions of chapter one hundred fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to an agreement entitled
the "South Mall contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
State Fiscal Year
Amount
2000-2001 $4,500,000
2001-2002 $4,500,000
2002-2003 $4,500,000
2003-2004 $9,850,000
2004-2005 $16,850,000
2005-2006 $22,850,000
2006-2007 $22,850,000
2007-2008 $22,850,000
2008-2009 $22,850,000
2009-2010 $22,850,000
2010-2011 $22,850,000
2011-2012 $15,000,000
2012-2013 [$15,000,000] $22,850,000
2013-2014 $15,000,000
2014-2015 $15,000,000
2015-2016 $15,000,000
S. 6255--A 70 A. 9055--A
2016-2017 $15,000,000
2017-2018 $15,000,000
2018-2019 $15,000,000
2019-2020 $15,000,000
2020-2021 $15,000,000
2021-2022 $15,000,000
2022-2023 $15,000,000
2023-2024 $15,000,000
2024-2025 $15,000,000
2025-2026 $15,000,000
2026-2027 $15,000,000
2027-2028 $15,000,000
2028-2029 $15,000,000
2029-2030 $15,000,000
2030-2031 $15,000,000
2031-2032 $15,000,000
2032-2033 [$15,000,000] $7,150,000
S 2. This act shall take effect April 1, 2012.
PART L
Section 1. Paragraph i of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is amended to
read as follows:
i. "Lowest price" means the basis for awarding contracts for commod-
ities AND SERVICES among responsive and responsible offerers.
S 2. Paragraph j of subdivision 1 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
j. "Best value" means the basis for awarding contracts for COMMODITIES
AND services to the offerer which optimizes quality, cost and efficien-
cy, among responsive and responsible offerers. Such basis shall reflect,
wherever possible, objective and quantifiable analysis. SUCH BASIS MAY
ALSO IDENTIFY A QUANTITATIVE FACTOR FOR OFFERERS THAT ARE SMALL BUSI-
NESSES OR CERTIFIED MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION THREE
HUNDRED TEN OF THE EXECUTIVE LAW TO BE USED IN EVALUATION OF OFFERS FOR
AWARDING OF CONTRACTS FOR COMMODITIES AND SERVICES.
S 3. Subparagraphs (ii), (iv), (v), and (viii) of paragraph a of
subdivision 3 of section 163 of the state finance law, as added by chap-
ter 83 of the laws of 1995, subparagraph (iv) as amended by chapter 430
of the laws of 1997, and subparagraph (viii) as amended by section 165
of subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
(ii) Commodities contracts shall be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of multi-
ple awards, in accordance with paragraph c of subdivision ten of this
section. WHERE THE COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC
COMMODITIES PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH
CONTRACT MAY ALSO BE AWARDED ON THE BASIS OF BEST VALUE TO A RESPONSIVE
AND RESPONSIBLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN ACCORD-
ANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHER-
WISE REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION
SHALL BE INCLUDED IN THE PROCUREMENT RECORD.
(iv) The commissioner is authorized to permit [any officer, body or
agency of the state or of a political subdivision or a district therein,
S. 6255--A 71 A. 9055--A
or fire company or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make] purchases of
commodities AND SERVICES FOR AUTHORIZED USERS through the office of
general services' centralized contracts[, pursuant to the provisions of
section one hundred four of the general municipal law. The commissioner
is authorized to permit any county extension service association as
authorized under subdivision eight of section two hundred twenty-four of
the county law, or any association or other entity as specified in and
in accordance with section one hundred nine-a of the general municipal
law, or any other association or entity as specified in state law, to
make purchases of commodities through the office of general services'
centralized contracts; provided, however, that such entity so empowered
shall accept sole responsibility for any payment due with respect to
such purchase]. SUCH AUTHORIZED USERS SO EMPOWERED SHALL ACCEPT SOLE
RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASES.
(v) Consistent with guidelines issued by the state procurement coun-
cil, state agencies may competitively purchase commodities AND SERVICES
procured in accordance with this article in lieu of using centralized
contracts when the resultant price is less than the centralized contract
price.
[(viii) The commissioner may permit and prescribe the conditions for,
(A) any association, consortium or group of privately owned or munici-
pal, federal or state owned or operated hospitals, medical schools,
other health related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf or of the blind listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the blind
approved by the commissioner of the office of children and family
services or the office of temporary and disability assistance; (D) any
qualified charitable non-profit-making agency for the severely disabled
approved by the commissioner of education; (E) any hospital or residen-
tial health care facility as defined in section twenty-eight hundred one
of the public health law; (F) any private not-for-profit mental hygiene
facility as defined in section 1.03 of the mental hygiene law; and (G)
any public authority or public benefit corporation of the state, includ-
ing the port authority of New York and New Jersey and the interstate
environmental commission, to make purchases using centralized contracts
for commodities. Such qualified non-profit-making agencies for the blind
and severely disabled may make purchases from the correctional indus-
tries program of the department of corrections and community supervision
subject to rules pursuant to the correction law.]
S 4. Paragraph d of subdivision 3 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
d. The commissioner may make, or cause to be made by a duly authorized
representative, any investigation which he or she may deem proper for
acquiring the necessary information from a state agency for the exercise
of his or her powers and duties under this [subdivision] ARTICLE. For
such purposes the commissioner may subpoena and compel the attendance of
witnesses before him or her, or an authorized representative, and may
compel the production of books, papers, records or documents. The
commissioner or a duly authorized representative may take and hear
proofs and testimony and, for that purpose, the commissioner or the duly
S. 6255--A 72 A. 9055--A
authorized representative may administer oaths. In addition, the commis-
sioner or the duly authorized representative:
(i) Shall have access at all reasonable times to offices of state
agencies;
(ii) May examine all books, papers, records and documents in any such
state agency as pertain directly to the purchase, control or distrib-
ution of commodities; and
(iii) May require any state agency to furnish such data, information
or statement as may be necessary.
S 5. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
e. [Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office of general
services' centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law. The commis-
sioner may permit and prescribe the conditions for the purchase of
services through the office of general services' centralized contracts
for services by any public authority or public benefit corporation of
the state including the port authority of New York and New Jersey. The
commissioner is authorized to permit any public library, association
library, library system, cooperative library system, the New York
Library Association, and the New York State Association of Library
Boards or any other library except those which are operated by for
profit entities, to make purchases of services through the office of
general services' centralized contracts; provided, however, that such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.] THE COMMISSIONER IS AUTHORIZED TO PERMIT
PURCHASES OF SERVICES FOR AUTHORIZED USERS THROUGH THE OFFICE OF GENERAL
SERVICES' CENTRALIZED CONTRACTS. SUCH AUTHORIZED USERS SO EMPOWERED
SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO
SUCH PURCHASES.
S 6. The section heading and subdivision 1 of section 104 of the
general municipal law, as amended by section 7 of subpart A of part C of
chapter 97 of the laws of 2011, are amended to read as follows:
Purchase through office of general services; PURCHASES FROM OTHER
PUBLIC CONTRACTS; certain federal contracts. 1. Notwithstanding the
provisions of section one hundred three of this article or of any other
general, special or local law, any officer, board or agency of a poli-
tical subdivision, of a district therein, of a fire company or of a
voluntary ambulance service authorized to make purchases of COMMODITIES,
materials, equipment, TECHNOLOGY, food products, [or] supplies[,] or
services available pursuant to [sections one hundred sixty-one and one
hundred sixty-seven] SECTION ONE HUNDRED SIXTY-THREE of the state
finance law, may make such purchases[, except of printed material,]
through the office of general services OR ANY OTHER DEPARTMENT OR AGENCY
OF THE STATE subject to [such] rules [as may be established from time to
time] PROMULGATED pursuant to [sections one hundred sixty-three and one
hundred sixty-seven] ARTICLE ELEVEN of the state finance law; provided
that any such purchase shall exceed five hundred dollars and that the
political subdivision, district, fire company or voluntary ambulance
service for which such officer, board or agency acts shall accept sole
responsibility for any payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision, district,
fire company or voluntary ambulance service for which made. No officer,
S. 6255--A 73 A. 9055--A
board or agency of a political subdivision, or a district therein, of a
fire company or of a voluntary ambulance service shall make any purchase
through such [office] PUBLIC ENTITY when bids have been received for
such purchase by such officer, board or agency, unless such purchase may
be made upon the same terms, conditions and specifications at a lower
price through such office. Two or more fire companies or voluntary ambu-
lance services may join in making purchases pursuant to this section,
and for the purposes of this section such groups shall be deemed "fire
companies or voluntary ambulance services."
S 7. Subparagraph (i) of paragraph b of subdivision 4 of section 163
of the state finance law, as added by chapter 83 of the laws of 1995 and
as designated by chapter 137 of the laws of 2008, is amended to read as
follows:
(i) Centralized contracts for services may be procured by the office
of general services at the request of state agencies [and state agencies
may when such centralized contracts are in the form, function or utility
required by said agency, purchase from established centralized
contracts. The state procurement council may, from time to time, require
that state agencies procure services from certain centralized contracts]
OR AS DETERMINED BY THE COMMISSIONER. THE PURCHASE OF SERVICES BY STATE
AGENCIES SHALL BE CONDUCTED IN A MANNER THAT ACCORDS SECOND PRIORITY TO
CENTRALIZED CONTRACTS MEETING FORM, FUNCTION AND UTILITY REQUIRED BY
SAID AGENCY, THIRD PRIORITY TO AGENCY OR MULTI-AGENCY ESTABLISHED
CONTRACTS AND FOURTH PRIORITY TO OTHER MEANS OF CONTRACTING.
S 8. Paragraph d of subdivision 4 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
d. Service contracts shall be awarded on the basis of best value to a
responsive and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c of subdivision ten of this section.
WHERE THE COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC SERVICES
PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH CONTRACT MAY
ALSO BE AWARDED ON THE BASIS OF LOW PRICE TO A RESPONSIVE AND RESPONSI-
BLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN ACCORDANCE WITH
PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHERWISE
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION SHALL
BE INCLUDED IN THE PROCUREMENT RECORD.
S 9. Subdivision 5 of section 163 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
5. Process for conducting state procurements. The process for conduct-
ing state procurements for services and commodities shall be as follows:
a. Determination of need. State agencies shall be responsible for
determining the need for a given service or commodity:
(i) For commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred sources and if
so, shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the central-
ized contract. If a commodity is not available in the form, function and
utility consistent with the needs of the state agency from a preferred
source or a centralized contract or as provided for in subparagraph (v)
of paragraph a of subdivision three of this section, the state agency
S. 6255--A 74 A. 9055--A
may procure the commodity independently or in conjunction with another
state agency in accordance with paragraph c of subdivision three of this
section.
(ii) For services, upon such determination of need, state agencies
shall ascertain whether the service is available in the form, function
and utility consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in accord-
ance with the provisions of this article. If not so available, state
agencies [may]:
(A) [Purchase] SHALL PURCHASE the service if it is available in the
form, function and utility consistent with their needs using an estab-
lished centralized contract procured by either the office of general
services or another state agency;
(B) [Request] MAY REQUEST that the office of general services procure
such a service, particularly with respect to those services having util-
ity and/or benefit to more than one state agency; or
(C) [Procure] MAY PROCURE the service independently or in conjunction
with another state agency.
[b. The state procurement council may, from time to time, require
state agencies to procure certain services from centralized contracts.]
S 10. Subdivision 7 of section 163 of the state finance law, as
amended by section 10 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter and may, for COMMODITY, SERVICE AND technology contracts
[and, in addition, for the period from July first, two thousand ten, to
July first, two thousand twelve, fuels (home heating, diesel, gasoline,
natural gas), road salt, recycled paper, tires, telecommunications
equipment, industrial supplies (tools, equipment), bituminous materials,
drainage and culvert pipe, and road aggregate (gravel),] require elec-
tronic submission as the sole method for the submission of bids for the
solicitation, provided that the agency has made a determination, which
shall be documented in the procurement record, that such method affords
a fair and equal opportunity for offerers to submit responsive offers.
Except where otherwise provided by law, procurements shall be compet-
itive, and state agencies shall conduct formal competitive procurements
to the maximum extent practicable. State agencies shall document the
determination of the method of procurement and the basis of award in the
procurement record. Where the basis for award is the best value offer,
the state agency shall document, in the procurement record and in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process to be used in the determination of best value and the manner in
which the evaluation process and selection shall be conducted.
S 11. Subdivision 8 of section 163 of the state finance law, as
amended by chapter 95 of the laws of 2000, is amended to read as
follows:
8. Public notice. All procurements by state agencies in excess of
[fifteen] FIFTY thousand dollars shall be advertised in the state's
S. 6255--A 75 A. 9055--A
procurement opportunities newsletter in accordance with article four-C
of the economic development law.
S 12. Paragraph (a) of subdivision 2 of section 112 of the state
finance law, as amended by section 2 of part D of chapter 56 of the laws
of 2006, is amended to read as follows:
(a) Before any contract made for or by any state agency, department,
board, officer, commission, or institution, except the office of general
services, shall be executed or become effective, whenever such contract
exceeds fifty thousand dollars in amount and before any contract made
for or by the office of general services shall be executed or become
effective, whenever such contract exceeds eighty-five thousand dollars
in amount, it shall first be approved by the comptroller and filed in
his or her office, [provided, however, that the] WITH THE EXCEPTION OF
CONTRACTS ESTABLISHED AS A CENTRALIZED CONTRACT THROUGH THE OFFICE OF
GENERAL SERVICES AND PURCHASE ORDERS OR OTHER PROCUREMENT TRANSACTIONS
ISSUED UNDER SUCH CENTRALIZED CONTRACTS. THE comptroller shall make a
final written determination with respect to approval of such contract
within ninety days of the submission of such contract to his or her
office unless the comptroller shall notify, in writing, the state agen-
cy, department, board, officer, commission, or institution, prior to the
expiration of the ninety day period, and for good cause, of the need for
an extension of not more than fifteen days, or a reasonable period of
time agreed to by such state agency, department, board, officer, commis-
sion, or institution and provided, further, that such written determi-
nation or extension shall be made part of the procurement record pursu-
ant to paragraph f of subdivision one of section one hundred sixty-three
of this chapter.
S 13. Section 3 of the New York state printing and public documents
law, as added by chapter 160 of the laws of 1976, subdivision 1 as
amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
by chapter 346 of the laws of 1991, is amended to read as follows:
S 3. Powers and duties of commissioner OF GENERAL SERVICES AND STATE
AGENCIES IN PURCHASING PRINTING. 1. The commissioner of general
services shall have general supervision over the letting of all
contracts for public printing provided to be made herein. In addition,
the commissioner shall exercise such further supervision and control
over all contracts for department printing [as herein defined that he
has heretofore exercised or may hereafter deem] PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW. THE COMMISSIONER MAY, AS
deemed appropriate [including, but not limited to, the establishment of]
ESTABLISH standard sizes and grades of paper and OTHER NECESSARY spec-
ifications for paper; provided, however, that such specifications shall
be in accordance with those established pursuant to section one hundred
[sixty-four] SIXTY-THREE AND SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-FIVE of the state finance law.
(A) THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE
STANDARDIZATION AND CENTRALIZED CONTRACTING OF PRINTING REQUIRED BY
STATE AGENCIES IN A MANNER WHICH MAXIMIZES THE PURCHASING VALUE OF
PUBLIC FUNDS. PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE OF
GENERAL SERVICES OR STATE AGENCIES, AND STATE AGENCIES MAY, WHEN SUCH
CENTRALIZED CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES ARE
IN THE FORM, FUNCTION AND UTILITY REQUIRED BY SAID AGENCY, PURCHASE FROM
SUCH CENTRALIZED CONTRACTS. WHEN PRINTING IS NOT AVAILABLE CONSISTENT
WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW IN THE FORM, FUNCTION AND UTILITY REQUIRED BY STATE AGEN-
S. 6255--A 76 A. 9055--A
CIES, STATE AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR IN CONJUNC-
TION WITH OTHER STATE AGENCIES.
(B) PRINTING CONTRACTS SHALL BE AWARDED ON THE BASIS OF LOWEST PRICE
OR BEST VALUE TO A RESPONSIVE AND RESPONSIBLE OFFEROR; OR IN THE CASE OF
MULTIPLE AWARDS, IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
2. [The commissioner may appoint an expert printer and such assistants
and employees as shall be authorized by appropriations made by the
legislature therefor, and such employees shall receive such salaries as
shall be fixed by the legislature in such appropriation.
3. It shall be the duty of said commissioner, in accordance with rules
and regulations to be prescribed by him, to let to the lowest responsi-
ble bidder, as hereinafter provided, and as will best promote the public
interest, all contracts for the work embraced in the legislative print-
ing and department printing as those terms are in this chapter defined,
except printing done pursuant to law in the correctional facilities of
the state, in the state charitable and benevolent institutions for the
benefit of such institutions, or by the board or commission having
fiscal control of such institutions, the printing of examination ques-
tion papers or printing done for the education department or the schools
under its jurisdiction in the rooms of the university of the state of
New York by its employees, the stationery used by the legislature,
briefs and cases on appeal and the bulletins issued by the Geneva and
Ithaca experimental stations.] No contract for department printing shall
be let to a bidder who, in the opinion of the commissioner, does not
have satisfactory facilities and equipment which are ample and suffi-
cient to insure proper performance of the contract or who has failed to
give adequate security in an amount which may be required by the commis-
sioner. Provided further, however, that no contract shall be let to a
bidder other than the lowest PRICE OR BEST VALUE responsible bidder
without the written approval of the comptroller.
[4. The said commissioner shall adopt and promulgate appropriate rules
and regulations touching the manner of the performance of his work and
prescribing the form and manner of advertisement for bids and all requi-
sitions made upon him for printing, except that said commissioner shall
make no rule or regulation inconsistent with or in violation of the
provisions of this chapter.
5.] 3. Notwithstanding any of the foregoing provisions of this
section, or of any general or special act, the commissioner may contract
for printing to an amount not exceeding [ten] EIGHTY-FIVE thousand
dollars without competitive bidding, and [may by rule prescribing the
amount, not exceeding five thousand dollars, authorize] other state
departments and agencies [to let contracts,] MAY CONTRACT TO AN AMOUNT
NOT EXCEEDING FIFTY THOUSAND DOLLARS without competitive bidding, for
printing required by them. [Such rule shall prescribe the form, manner
and content of the notice to be given to prospective vendors, the form
of specifications and proposals for such printing, and the method used
in making an award, except that as such specifications relate to the
paper required for printing they shall be in accordance with those
established pursuant to section one hundred sixty-four of the state
finance law.
Multiple purchases of identical items of printing and printing
supplies, made by such other department or agency without competitive
bidding within a period of sixty days, shall not exceed the sum of five
thousand dollars.]
S. 6255--A 77 A. 9055--A
S 14. Section 6 of the New York state printing and public documents
law is REPEALED.
S 15. Section 7 of the New York state printing and public documents
law is REPEALED and section 7-a is renumbered section 7.
S 16. Section 8 of the New York state printing and public documents
law, as amended by chapter 704 of the laws of 1964 and as renumbered by
chapter 160 of the laws of 1976, is amended to read as follows:
S 8. Right to annul contracts. Upon the failure or non-performance of
the terms of any of the contracts [set forth in] AWARDED PURSUANT TO
this chapter on the part of the contractors with the state, the commis-
sioner OF GENERAL SERVICES OR THE STATE AGENCY may annul the contract in
which default is made and the comptroller shall withhold payment from
the contractor for all work [done by him] PERFORMED THEREUNDER until the
damage to the state shall be ascertained by proper adjudication, and the
[said] commissioner OF GENERAL SERVICES OR THE STATE AGENCY, may [read-
vertise and enter into a] RELET THE contract for the balance of the
uncompleted term of [any] A contract so annulled or abrogated in the
manner prescribed in the provisions of this chapter.
S 17. Paragraph (g) of section 1509 of the not-for-profit corporation
law, as added by chapter 151 of the laws of 1992, is amended to read as
follows:
(g) Purchases through office of general services. Notwithstanding the
provisions of any general, special or local law, any officer or agent of
a cemetery corporation subject to the provisions of this article author-
ized to make purchases of [materials, equipment or supplies] COMMODITIES
AND SERVICES may make such purchases[, except of printed material,]
through the office of general services subject to such rules as may be
established from time to time pursuant to section one hundred sixty-
three of the state finance law; provided that any such purchase shall
exceed five hundred dollars and that the cemetery corporation for which
such officer or agent acts shall accept sole responsibility for any
payment due the vendor. All purchases shall be subject to audit and
inspection by the cemetery corporation for which made. Two or more ceme-
tery corporations may join in making purchases pursuant to this section
and, for the purposes of this section, such groups shall be deemed a
cemetery corporation.
S 18. Paragraph i of subdivision 3 of section 236 of the education
law, as added by chapter 9 of the laws of 1979, is amended to read as
follows:
i. Any corporation created under the provisions of this section may
make purchases[, except of printed material, through the state divisions
of standards and quality control; and of purchasing in the] OF COMMOD-
ITIES AND SERVICES THROUGH THE office of general services subject to
such rules as may be established from time to time pursuant to section
one hundred sixty-three of the state finance law; provided that each
such purchase shall have a cost of five hundred dollars or more and that
said corporation shall accept sole responsibility for any payment of
such cost due the vendor.
S 19. Section 258-a of the education law, as added by chapter 106 of
the laws of 1980, is amended to read as follows:
S 258-a. Purchases by museums, historical societies, zoological
gardens, aquariums, botanical gardens and arboreta through office of
general services. Museums, historical societies, zoological gardens,
aquariums, botanical gardens and arboreta which are chartered or incor-
porated by the regents or otherwise formed pursuant to section two
hundred sixteen of this chapter or otherwise pursuant to the laws of
S. 6255--A 78 A. 9055--A
this state and are also non-profit ORGANIZATIONS may make purchases [,
except of printed material,] OF COMMODITIES AND SERVICES through the
[state division of standards and purchase in the] office of general
services subject to such rules as may be established from time to time
pursuant to section one hundred sixty-three of the state finance law;
provided that each such purchase shall have a cost of five hundred
dollars or more and that said museum, historical society, zoological
garden, aquarium, botanical garden or arboreta shall accept sole respon-
sibility for any payment of such cost due the vendor.
S 20. Section 6404 of the education law, as added by chapter 734 of
the laws of 1976, is amended to read as follows:
S 6404. Purchases by certain independent institutions. Any postsecon-
dary institution chartered under the powers of the regents pursuant to
section two hundred sixteen or incorporated under a special act of the
legislature may make purchases[, except of printed material,] OF COMMOD-
ITIES AND SERVICES pursuant to the terms of contracts let by the [state
division of standards and purchase in the] office of general services
subject to such rules as may be established from time to time pursuant
to section one hundred sixty-three of the state finance law which may
establish limitations with respect to commodities AND SERVICES and
impose such other appropriate conditions upon purchasing as deemed
necessary by the commissioner of general services in order to protect
the state's own purchasing interests; provided that each such purchase
shall have a cost of five hundred dollars or more and that said [corpo-
ration] INSTITUTION shall accept sole responsibility for any payment of
such cost due the vendor.
S 21. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
S 104. Purchase through office of general services. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service IS authorized to make purchases of [materi-
als, equipment, food products, or supplies, or services] COMMODITIES AND
SERVICES available pursuant to [sections one hundred sixty-one and one
hundred sixty-seven] SECTION ONE HUNDRED SIXTY-THREE of the state
finance law, may make such purchases[, except of printed material,]
through the office of general services subject to such rules as may be
established from time to time pursuant to [sections] SECTION one hundred
sixty-three [and one hundred sixty-seven] of the state finance law or
through the general services administration pursuant to section 1555 of
the federal acquisition streamlining act of 1994, P.L. 103-355; provided
that any such purchase shall exceed five hundred dollars and that the
political subdivision, district, fire company or voluntary ambulance
service for which such officer, board or agency acts shall accept sole
responsibility for any payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision, district,
fire company or voluntary ambulance service for which made. No officer,
board or agency of a political subdivision, or a district therein, of a
fire company or of a voluntary ambulance service shall make any purchase
through such office when bids have been received for such purchase by
such officer, board or agency, unless such purchase may be made upon the
same terms, conditions and specifications at a lower price through such
office. Two or more fire companies or voluntary ambulance services may
join in making purchases pursuant to this section, and for the purposes
S. 6255--A 79 A. 9055--A
of this section such groups shall be deemed "fire companies or voluntary
ambulance services."
S 22. Section 109-a of the general municipal law, as amended by chap-
ter 502 of the laws of 2002, is amended to read as follows:
S 109-a. Purchases through the office of general services by certain
public associations. The New York State Association of Counties, the
Association of Towns of the State of New York, the New York State Town
Clerk's Association, Inc., the New York State Conference of Mayors and
Other Municipal Officials, the New York State School Boards Association,
Inc., the New York Planning Federation and the Association of Fire
Districts of the State of New York, the New York State Association of
School Business Officials, the New York state council of school super-
intendents, any nonpublic elementary and/or secondary school of the
state of New York, which provides the instruction required by section
thirty-two hundred four and article seventeen of the education law, and
which is chartered by, registered with or subject to examination and
inspection by the department of education and which is a not for profit
institution and any public library, association library, library system,
cooperative library system, the New York Library Association, and the
New York State Association of Library Boards or any other library except
those which are operated by for profit entities, may make purchases[,
except of printed material,] through the office of general services
subject to such rules as may be [established from time to time] PROMUL-
GATED pursuant to [sections] SECTION one hundred sixty-three [and one
hundred sixty-five] of the state finance law and subdivision eight-a of
section one hundred three of this article which may establish limita-
tions with respect to commodities and impose such other appropriate
conditions upon purchasing as deemed necessary by the commissioner of
general services in order to protect the state's own purchasing inter-
ests; and that such association, school, library, library system or
cooperative library system shall accept sole responsibility for any
payment due the vendor. Boards of education may permit such nonpublic
schools to make purchases pursuant to this section through the school
district in which the nonpublic school is located, provided that any
administrative costs incurred by the school district will be paid by the
nonpublic school.
S 23. Subdivision (a) of section 2 of chapter 741 of the laws of 1985
relating to authorizing certain organizations to purchase commodities
and services under contracts let by the state office of general
services, as amended by chapter 134 of the laws of 1994, is amended to
read as follows:
(a) Any charitable organization or federation of charitable organiza-
tions, as defined in subdivision (b) of this section, maintaining its
office in a county of the state and performing all or the predominant
part of its charitable, benevolent or philanthropic services or conduct-
ing all or the predominant part of its solicitation of charitable
contributions in such county and any county, town or other agricultural
society, the American institute of the city of New York, performing
their activities in any such county on or after January 1, 1993 is
authorized to make purchases[, except of printed material,] pursuant to
the terms of contracts let by the [state divisions of purchasing and of
standards and quality control of the] office of general services subject
to such rules as may be [established from time to time under] PROMULGAT-
ED PURSUANT TO the provisions of section 163 of the state finance law,
which may establish limitations with respect to commodities AND SERVICES
and impose such other appropriate conditions upon purchasing as deemed
S. 6255--A 80 A. 9055--A
necessary by the commissioner of general services in order to protect
the state's own purchasing interests; provided that each such purchase
shall exceed five hundred dollars and that such charitable organization
or federation of charitable organizations shall accept sole responsibil-
ity for any payment due the vendor.
S 24. Subdivision 7 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
7. "Service" or "services" means[, except with respect to contracts
for state printing,] the performance of a task or tasks and may include
a material good or a quantity of material goods, and which is the
subject of any purchase or other exchange. For the purposes of this
article, technology shall be deemed a service. Services, as defined in
this article, shall not apply to those contracts for architectural,
engineering or surveying services, or those contracts approved in
accordance with article eleven-B of this chapter.
S 25. Paragraph a of subdivision 5 of section 355 of the education
law, as amended by section 1 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
a. (i) purchase materials, PROPRIETARY ELECTRONIC INFORMATION
RESOURCES INCLUDING BUT NOT LIMITED TO ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING
TOOLS, INDEXES AND ABSTRACTS, equipment and supplies, including computer
equipment and motor vehicles, (ii) execute contracts for construction
and construction-related services contracts, and (iii) contract for
printing, without prior approval by any other state officer or agency,
but subject to rules and regulations of the state comptroller not other-
wise inconsistent with the provisions of this section and in accordance
with guidelines promulgated by the state university board of trustees
after consultation with the state comptroller;
S 25-a. Paragraph a of subdivision 5 of section 355 of the education
law, as amended by chapter 682 of the laws of 2007, is amended to read
as follows:
a. (i) purchase materials, PROPRIETARY ELECTRONIC INFORMATION
RESOURCES INCLUDING BUT NOT LIMITED TO ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING
TOOLS, INDEXES AND ABSTRACTS equipment and supplies, including computer
equipment and motor vehicles, where the amount for a single purchase
does not exceed twenty thousand dollars, (ii) execute contracts for
services and construction contracts to an amount not exceeding twenty
thousand dollars, and (iii) contract for printing to an amount not
exceeding five thousand dollars, without prior approval by any other
state officer or agency, but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with the rules and regulations promulgated by
the state university board of trustees after consultation with the state
comptroller. In addition, the trustees, after consultation with the
commissioner of general services, are authorized to annually negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from these limits. Rules and regulations promulgated by the state
university board of trustees shall, to the extent practicable, require
that competitive proposals be solicited for purchases, and shall include
requirements that purchases and contracts authorized under this section
be at the lowest available price, including consideration of prices
available through other state agencies, consistent with quality require-
ments, and as will best promote the public interest. Such purchases may
S. 6255--A 81 A. 9055--A
be made directly from any contractor pursuant to any contract for
commodities let by the office of general services or any other state
agency;
S 26. Subdivision 3 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
3. "Commodity" or "commodities" means[, except with respect to
contracts for state printing,] material goods, supplies, products,
construction items, ELECTRONIC INFORMATION RESOURCES or other standard
articles of commerce [other than technology] which are the subject of
any purchase or other exchange.
S 27. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
K. "AUTHORIZED USER" OR "NON-STATE AGENCY PURCHASER" MEANS (I) ANY
OFFICER, BODY OR AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OR A
DISTRICT THEREIN, OR FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS SUCH
ARE DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, TO MAKE
PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY THROUGH THE OFFICE OF
GENERAL SERVICES' CENTRALIZED CONTRACTS, PURSUANT TO THE PROVISIONS OF
SECTION ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; (II) ANY COUNTY
EXTENSION SERVICE ASSOCIATION AS AUTHORIZED UNDER SUBDIVISION EIGHT OF
SECTION TWO HUNDRED TWENTY-FOUR OF THE COUNTY LAW; (III) ANY ASSOCIATION
OR OTHER ENTITY AS SPECIFIED IN AND IN ACCORDANCE WITH SECTION ONE
HUNDRED NINE-A OF THE GENERAL MUNICIPAL LAW; (IV) ANY ASSOCIATION,
CONSORTIUM OR GROUP OF PRIVATELY OWNED OR MUNICIPAL, FEDERAL OR STATE
OWNED OR OPERATED HOSPITALS, MEDICAL SCHOOLS, OTHER HEALTH RELATED
FACILITIES OR VOLUNTARY AMBULANCE SERVICES, WHICH HAVE ENTERED INTO A
CONTRACT AND MADE MUTUAL ARRANGEMENTS FOR THE JOINT PURCHASE OF COMMOD-
ITIES, SERVICES AND TECHNOLOGY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
THREE-A OF THE PUBLIC HEALTH LAW; (V) ANY INSTITUTION FOR THE INSTRUC-
TION OF THE DEAF OR OF THE BLIND LISTED IN SECTION FORTY-TWO HUNDRED ONE
OF THE EDUCATION LAW; (VI) ANY QUALIFIED NON-PROFIT-MAKING AGENCY FOR
THE BLIND APPROVED BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
(VII) ANY QUALIFIED CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE SEVERELY
DISABLED APPROVED BY THE COMMISSIONER OF EDUCATION; (VIII) ANY HOSPITAL
OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW; (IX) ANY PRIVATE NOT-FOR-PROFIT
MENTAL HYGIENE FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
LAW; (X) ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION OF THE
STATE, INCLUDING THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE
INTERSTATE ENVIRONMENTAL COMMISSION; (XI) ANY PUBLIC LIBRARY, ASSOCI-
ATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW YORK
LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCIATION OF LIBRARY
BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE OPERATED BY FOR
PROFIT ENTITIES; (XII) ANY OTHER ASSOCIATION OR ENTITY AS SPECIFIED IN
STATE LAW, TO MAKE PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY
THROUGH THE OFFICE OF GENERAL SERVICES' CENTRALIZED CONTRACTS. SUCH
QUALIFIED NON-PROFIT-MAKING AGENCIES FOR THE BLIND AND SEVERELY DISABLED
MAY MAKE PURCHASES FROM THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SUBJECT TO RULES
PURSUANT TO THE CORRECTION LAW.
S 28. Subdivision 5 of section 362 of chapter 83 of the laws of 1995
amending the state finance law and other laws relating to bonds, notes
and revenues, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
S. 6255--A 82 A. 9055--A
5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have become a law and shall be
deemed to have been in full force and effect on and after April 1,
1995[; provided that section 163 of the state finance law, as added by
section thirty-three of this act shall remain in full force and effect
until June 30, 2012 at which time it shall expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of any such
contract notwithstanding the expiration of certain provisions of this
act].
S 29. Section 179-ee of the state finance law is amended by adding a
new subdivision 3 to read as follows:
3. A MODIFICATION TO A CONTRACT THAT WOULD RESULT IN A TRANSFER OF
FUNDS AMONG PROGRAM ACTIVITIES OR BUDGET COST CATEGORIES BUT DOES NOT
AFFECT THE AMOUNT, CONSIDERATION, SCOPE OR OTHER TERMS OF SUCH CONTRACT
SHALL NOT, BY ITSELF, REQUIRE SUCH CONTRACT AND MODIFICATION TO BE
SUBMITTED TO THE COMPTROLLER FOR REVIEW; PROVIDED, HOWEVER, THAT IF SUCH
MODIFICATION IS IN AN AMOUNT EQUAL TO OR GREATER THAN TEN PERCENT OF THE
TOTAL VALUE OF THE CONTRACT, THE COMPTROLLER MAY REQUIRE THAT SUCH
MODIFICATION BE SUBMITTED TO HIM OR HER FOR REVIEW.
S 30. This act shall take effect immediately, provided, however, that
procurement contracts for which bid solicitations have been issued prior
to the effective date of this act shall be subject to the provisions of
law in effect at the time of issuance; and provided, however, that the
amendments to section 104 of the general municipal law made by section
six of this act shall be subject to the expiration and reversion of such
section pursuant to section 9 of subpart A of part C of chapter 97 of
the laws of 2011, when upon such date the provisions of section twenty-
one of this act shall take effect; and provided, however, that the
amendments to paragraph a of subdivision 5 of section 355 of the educa-
tion law made by section twenty-five of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 4 of
subpart B of part D of chapter 58 of the laws of 2011, when upon such
date the provisions of section twenty-five-a of this act shall take
effect; and provided further, however, that section twenty-eight of this
act shall be deemed to have been in full force and effect on and after
April 1, 2012.
PART M
Section 1. The civil service law is amended by adding a new section 66
to read as follows:
S 66. TERM APPOINTMENTS IN PROFESSIONAL, SCIENTIFIC, TECHNICAL OR
OTHER EXPERT SERVICES. 1. THE DEPARTMENT MAY AUTHORIZE A TERM APPOINT-
MENT WITHOUT EXAMINATION TO A TEMPORARY PROFESSIONAL, SCIENTIFIC, TECH-
NICAL OR OTHER POSITION REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS.
SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE THE APPOINTING
AUTHORITY CERTIFIES TO THE DEPARTMENT THAT BECAUSE OF THE TYPE OF
SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER OF SUCH
SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAMINATION OF ANY
KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT PURSUANT TO THE
PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI-
FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH AN
APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERIOD FOR SUCH TERM
APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED
SIXTY MONTHS AND SHALL NOT BE EXTENDED. THE MAXIMUM NUMBER OF PERSONS IN
S. 6255--A 83 A. 9055--A
SUCH APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED AT ANY ONE TIME. AT
LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS
SECTION THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST
IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED
QUALIFICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID
POSITION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS
COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE
ABLE TO COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO
OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPRO-
PRIATE QUALIFICATIONS.
2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSI-
TIONS, THE TERM APPOINTMENTS PURSUANT TO THIS SECTION AT AN AGENCY SHALL
BE ABOLISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSITIONS
AT SUCH AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
MENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO THOSE
ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIFICATIONS, OR
ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING AUTHORITY AS
NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27
S 2. Section 51 of the civil service law, as amended by chapter 836 of
the laws of 1968, is amended to read as follows:
S 51. Filling vacancies by open competitive OR OPEN PROMOTION examina-
tion. 1. Upon the written request of the appointing officer stating
[his] THE reasons therefor, or on its own initiative, the state civil
service department or appropriate municipal commission may determine to
conduct an open competitive examination for filling a vacancy or vacan-
cies instead of a promotion examination.
2. Except where the state civil service department or appropriate
municipal commission finds that there are less than three persons eligi-
ble for promotion in the promotion unit where the vacancy exists, or in
the department, if such vacancy is not in a separate promotion unit,
[and] OR except where the department or municipal commission determines
to conduct an open competitive and a promotion examination simultaneous-
ly, OR EXCEPT WHERE THE STATE CIVIL SERVICE DEPARTMENT DETERMINES TO
CONDUCT AN OPEN PROMOTION EXAMINATION PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION, a notice of intention to conduct such open competitive
examination OR OPEN PROMOTION EXAMINATION or a copy of the appointing
S. 6255--A 84 A. 9055--A
officer's request for open competitive examination OR OPEN PROMOTION
EXAMINATION, as the case may be, shall be publicly and conspicuously
posted in the offices of both the appointing officer and the state civil
service department or appropriate municipal commission and such request
shall not be acted upon until said notice has been posted as aforesaid
for a period of not less than fifteen days.
3. Any employee who believes that a promotion examination should be
held for filling such vacancy may submit to the state civil service
department or appropriate municipal commission his OR HER request, in
writing, for a promotion examination rather than an open competitive OR
OPEN PROMOTION examination, stating the reasons why he OR SHE believes
it to be practicable and in the public interest to fill the vacancy by
promotion examination.
4. THE STATE CIVIL SERVICE DEPARTMENT, UPON THE WRITTEN REQUEST OF AN
APPOINTING OFFICER, OR ON ITS OWN INITIATIVE, MAY DETERMINE TO CONDUCT
AN OPEN PROMOTION EXAMINATION FOR FILLING A VACANCY OR VACANCIES IN
PROFESSIONAL, TECHNICAL, SCIENTIFIC OR ADMINISTRATIVE POSITIONS. SUCH
OPEN PROMOTION EXAMINATION SHALL BE OPEN BOTH TO PERSONS WHO WOULD
OTHERWISE BE ELIGIBLE TO PARTICIPATE IN AN OPEN COMPETITIVE EXAMINATION
FOR SUCH POSITIONS AND TO PERSONS WHO WOULD OTHERWISE BE ELIGIBLE TO
PARTICIPATE IN A PROMOTION EXAMINATION FOR SUCH POSITIONS, PROVIDED
HOWEVER, THAT PERSONS MAY ONLY PARTICIPATE IN EITHER THE PROMOTION OR
OPEN COMPETITIVE EXAMINATION. ELIGIBLE LISTS SHALL BE CERTIFIED IN THE
MANNER PROVIDED IN SUBDIVISION FOUR OF SECTION SIXTY OF THIS ARTICLE.
S 3. Section 60 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
4. CERTIFICATION OF ELIGIBLE LISTS FROM AN OPEN PROMOTION EXAMINATION.
THE STATE DEPARTMENT OF CIVIL SERVICE SHALL CERTIFY A PROMOTION ELIGIBLE
LIST AND AN OPEN COMPETITIVE ELIGIBLE LIST CONTAINING THE NAMES OF ALL
SUCCESSFUL CANDIDATES RESULTING FROM AN OPEN PROMOTION EXAMINATION HELD
PURSUANT TO SUBDIVISION FOUR OF SECTION FIFTY-ONE OF THIS ARTICLE. THE
PROMOTION ELIGIBLE LIST SHALL BE ESTABLISHED IN THE SAME MANNER AND
SUBJECT TO THE SAME CONDITIONS AS WOULD OTHERWISE APPLY IF SUCH EXAMINA-
TION HAD BEEN A PROMOTION EXAMINATION; THE RATINGS AND RANKS OF THE
CANDIDATES SHALL BE REVISED BY INCLUDING CREDIT FOR SENIORITY AND APPLY-
ING ADDITIONAL CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE
TO PROMOTION EXAMINATIONS. THE OPEN COMPETITIVE LIST SHALL RANK ALL
SUCCESSFUL CANDIDATES IN THE ORDER OF THEIR FINAL RATINGS; THE RATINGS
AND RANKS OF THE CANDIDATES SHALL BE REVISED BY INCLUDING ADDITIONAL
CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE TO EXAMINA-
TIONS FOR ORIGINAL APPOINTMENT. AN APPOINTING OFFICER MAY USE EITHER
LIST TO FILL A VACANCY.
S 4. Subdivision 4 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, is amended to read as follows:
4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish interdepart-
mental promotion ELIGIBLE lists which shall not be certified to a
department until after the promotion eligible list for that department
has been exhausted, EXCEPT THAT WHERE IT WOULD BE IN THE BEST INTEREST
OF THE STATE SERVICE, THE STATE CIVIL SERVICE DEPARTMENT MAY CERTIFY AN
INTERDEPARTMENTAL PROMOTION ELIGIBLE LIST AND DEPARTMENTAL PROMOTION
ELIGIBLE LIST FOR FILLING POSITIONS WITHOUT PREFERENCE TO THE DEPART-
MENTAL PROMOTION ELIGIBLE LIST.
S 5. Subdivision 11 of section 52 of the civil service law, as amended
by chapter 214 of the laws of 1989, is amended to read as follows:
S. 6255--A 85 A. 9055--A
11. Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a posi-
tion in the non-competitive or labor class of such service the same
opportunity as employees in the competitive class to take promotion
examinations [if such examinations are to be held in conjunction with
open competitive examinations].
S 6. Subdivision 6 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, paragraph (a) as amended by chapter 210
of the laws of 1971 and paragraph (b) as separately amended by chapters
836 and 837 of the laws of 1968, is amended to read as follows:
6. Promotion and transfer to administrative positions in the state
service. (a) For the purpose of this subdivision, the term "administra-
tive positions" shall include competitive class OR NON-COMPETITIVE CLASS
positions in the state service in law, personnel, budgeting, methods and
procedures, management, records analysis, and administrative research,
as determined by the state civil service department.
(b) Except as provided in section fifty-one OF THIS ARTICLE, vacancies
in administrative positions IN THE COMPETITIVE CLASS shall be filled, so
far as practicable, by promotion as prescribed in subdivision one of
this section, which may be made from among persons holding administra-
tive positions in lower grades without regard to the specialties of
their lower grade positions. The civil service department, upon the
request of an appointing officer stating the reasons why the filling of
administrative positions in grade fourteen or higher under his jurisdic-
tion from an interdepartmental promotion list or a promotion list
including persons employed in other units of government would be in the
best interests of the state service, or upon its own initiative whenever
it finds that the filling of administrative positions in grade fourteen
or higher in any department from such an interdepartmental or intergov-
ernmental promotion list would be in the best interests of the state
service, may certify such an interdepartmental or intergovernmental
promotion list for filling such positions, without preference to depart-
mental lists or to eligibles holding lower grade positions in the
department or promotion unit in which such positions exist.
(c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties which involve substantially
equivalent COMPETITIVE EXAMINATIONS OR NON-COMPETITIVE tests or quali-
fications, subject to such conditions and limitations as the state civil
service department may prescribe.
(d) The provisions of this subdivision shall be applicable and
controlling, notwithstanding any other provisions of this section or
chapter or any other law.
S 7. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
1. General provisions. Except as provided in subdivisions four and six
of this section no employee IN THE COMPETITIVE OR NON-COMPETITIVE CLASS
shall be transferred to a position for which there is required by this
chapter or the rules established hereunder an examination involving
essential tests or qualifications different from or higher than those
required for the position held by such employee. The state and municipal
commissions may adopt rules governing transfers between positions in
their respective jurisdictions and may also adopt reciprocal rules
providing for the transfer of employees from one governmental jurisdic-
tion to another. No employee shall be transferred without his or her
consent except as provided in subdivision six of this section or upon
S. 6255--A 86 A. 9055--A
the transfer of functions as provided in subdivision two of this
section. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY OF THIS CHAPTER
OR ANY OTHER LAW, TRANSFERS IN THE STATE SERVICE PURSUANT TO THIS SUBDI-
VISION FROM NON-COMPETITIVE CLASS POSITIONS TO COMPETITIVE CLASS POSI-
TIONS SHALL BE PERMITTED ONLY WHERE THE NON-COMPETITIVE TESTS OR QUALI-
FICATIONS INCLUDE POSSESSION OF CREDENTIALS, LICENSES, OR CERTIFICATIONS
GRANTED BY APPROPRIATE REGULATORY BODIES WHICH ARE SIMILAR TO THE
REQUIRED ESSENTIAL TESTS OR QUALIFICATIONS OF THE COMPETITIVE CLASS
POSITION.
S 8. Subdivision 4 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
4. Transfer and change of title. Notwithstanding the provisions of
subdivision one of this section or any other provision of law, any
permanent employee in the competitive, NON-COMPETITIVE, OR LABOR class
who meets all of the requirements for a competitive examination, and is
otherwise qualified as determined by the state civil service commission
or the municipal civil service commission, as the case may be, shall be
eligible for participation in a non-competitive examination in a differ-
ent position classification, provided, however, that such employee is
holding a position in a similar grade.
S 9. Section 70 of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. TRANSFER OF PERSONNEL UPON THE CONSOLIDATION OR MERGER OF AGENCIES
OR DEPARTMENTS OF THE STATE. OFFICERS AND EMPLOYEES TRANSFERRED PURSUANT
TO SUBDIVISION ONE OR TWO OF THIS SECTION TO A NEW DEPARTMENT OR AGENCY
SHALL BE TRANSFERRED IN THEIR CURRENT CIVIL SERVICE CLASSIFICATION AND
STATUS. TRANSFERRED PERMANENT EMPLOYEES WHOSE POSITIONS ARE SUBSEQUENTLY
RECLASSIFIED TO ALIGN WITH THE DUTIES AND RESPONSIBILITIES OF THEIR
POSITIONS WITHIN THE NEW DEPARTMENT OR AGENCY SHALL HOLD SUCH POSITIONS
WITHOUT FURTHER EXAMINATION OR QUALIFICATION. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS CHAPTER, THE NAMES OF PERMANENT EMPLOYEES TRANSFERRED
FROM A STATE DEPARTMENT OR AGENCY TO A NEW DEPARTMENT OR AGENCY WHO WERE
ON A PROMOTION ELIGIBLE LIST FOR APPOINTMENT IN THE AGENCY OR DEPARTMENT
FROM WHICH SUCH EMPLOYEES WERE TRANSFERRED SHALL BE ADDED TO THE
PROMOTION ELIGIBLE LIST IN THE NEW DEPARTMENT OR AGENCY, AS THE STATE
CIVIL SERVICE DEPARTMENT DEEMS APPROPRIATE.
S 10. This act shall take effect immediately; provided, however, that
section one of this act shall be deemed to have been in full force and
effect on and after December 31, 2011.
PART N
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement fund (050):
a. Tuition reimbursement account (01).
b. Proprietary vocational school supervision account (02).
2. Local government records management improvement fund (052):
a. Local government records management account (01).
3. Dedicated highway and bridge trust fund (072):
a. Highway and bridge capital account (01).
b. State university residence hall rehabilitation fund (074).
4. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01).
S. 6255--A 87 A. 9055--A
5. Clean water/clean air implementation fund (079).
6. State lottery fund (160):
a. Education - New (03).
b. VLT - Sound basic education fund (06).
7. Medicaid management information system escrow fund (179).
8. Sewage treatment program management and administration fund (300).
9. Environmental conservation special revenue fund (301):
a. Waste cleanup and management account (48).
b. Hazardous bulk storage account (F7).
c. Great lakes restoration initiative account (GL).
d. Low level radioactive waste siting account (K5).
e. Recreation account (K6).
f. Public safety recovery account (PS).
g. Conservationist magazine account (S4).
h. Environmental regulatory account (S5).
i. Natural resource account (S6).
j. Mined land reclamation program account (XB).
k. Federal grants indirect cost recovery account (IC).
10. Environmental protection and oil spill compensation fund (303).
11. Hazardous waste remedial fund (312):
a. Site investigation and construction account (01).
b. Hazardous waste remedial clean up account (06).
12. Mass transportation operating assistance fund (313):
a. Public transportation systems account (01).
b. Metropolitan mass transportation (02).
13. Clean air fund (314):
a. Operating permit program account (01).
b. Mobile source account (02).
14. Centralized services fund (323).
15. State exposition special fund (325).
16. Agency enterprise fund (331):
a. OGS convention center account (55).
17. Agencies internal service fund (334):
a. Archives records management account (02).
b. Federal single audit account (05).
c. Civil service law: sec 11 admin account (09).
d. Civil service EHS occupational health program account (10).
e. Banking services account (12).
f. Cultural resources survey account (14).
g. Neighborhood work project (17).
h. Automation & printing chargeback account (18).
i. OFT NYT account (20).
j. Data center account (23).
k. Human service telecom account (24).
l. Centralized Technology services account (30).
m. OPWDD copy center account (26).
n. Intrusion detection account (27).
o. Domestic violence grant account (28).
p. Learning management system account (ZV).
18. Miscellaneous special revenue fund (339):
a. Statewide planning and research cooperative system account (03).
b. OPWDD provider of service account (05).
c. New York state thruway authority account (08).
d. Mental hygiene patient income account (13).
e. Financial control board account (15).
f. Regulation of racing account (16).
S. 6255--A 88 A. 9055--A
g. New York metropolitan transportation council account (17).
h. Quality of care account (20).
i. Cyber upgrade account (25).
j. Certificate of need account (26).
k. Hospital and nursing home management account (44).
l. State university dormitory income reimbursable account (47).
m. Energy research account (60).
n. Criminal justice improvement account (62).
o. Fingerprint identification and technology account (68).
p. Environmental laboratory reference fee account (81).
q. Clinical laboratory reference system assessment account (90).
r. Public employment relations board account (93).
s. Radiological health protection account (95).
t. Teacher certification account (A4).
u. Banking department account (A5).
v. Cable television account (A6).
w. Indirect cost recovery account (AH).
x. High school equivalency program account (AI).
y. Rail safety inspection account (AQ).
z. Multi-agency training account (AY).
aa. Critical infrastructure account (B3).
bb. Insurance department account (B6).
cc. Bell jar collection account (BJ).
dd. Industry and utility service account (BK).
ee. Real property disposition account (BP).
ff. Parking account (BQ).
gg. Asbestos safety training program account (BW).
hh. Public service account (C3).
ii. Batavia school for the blind account (D9).
jj. Investment services account (DC).
kk. Surplus property account (DE).
ll. Financial oversight account (DI).
mm. Regulation of indian gaming account (DT).
nn. Interest assessment account (DZ).
oo. Office of the professions account (E3).
pp. Rome school for the deaf account (E6).
qq. Seized assets account (E8).
rr. Administrative adjudication account (E9).
ss. Federal salary sharing account (EC).
tt. New York City Assessment Account (EM).
uu. Cultural education account (EN).
vv. Examination and miscellaneous revenue account (ER).
ww. Transportation regulation account (F1).
xx. Local services account (G3).
yy. DHCR mortgage servicing account (H2).
zz. Department of motor vehicles compulsory insurance account (H7).
aaa. Housing indirect cost recovery account (HI).
bbb. DHCR-HCA application fee account (J5).
ccc. Federal gasoline and diesel fuel excise tax account (L6).
ddd. Low income housing monitoring account (NG).
eee. Procurement opportunities newsletter account (P4).
fff. Corporation administration account (P6).
ggg. Montrose veteran's home account (Q6).
hhh. Excelsior capital corporation reimbursement account (R1).
iii. Motor fuel quality account (R4).
jjj. Deferred compensation administration account (R7).
S. 6255--A 89 A. 9055--A
kkk. Rent revenue other account (RR).
lll. Rent revenue account (S8).
mmm. Tax revenue arrearage account (TR).
nnn. Solid waste management account (W3).
ooo. Occupational health clinics account (W4).
ppp. Capacity contracting (XU).
qqq. Administrative cost recovery -
tax return preparer registration fee account (Y8).
rrr. Sales tax re-registration fee account (YD).
sss. Equitable sharing agreement account (YP).
ttt. Point insurance reduction program account.
uuu. Internet point insurance reduction program account (IC).
vvv. Mental hygiene program fund account (10).
www. Third party debt collection account.
xxx. Regulation of manufactured housing account (CM).
yyy. Business and licensing services account (AG).
zzz. Consumer protection account (F2).
19. State university income fund (345):
a. State university general income offset account (11).
20. State police and motor vehicle law enforcement fund (354):
a. State police motor vehicle law enforcement account (02).
21. Youth facilities improvement fund (357):
a. Youth facilities improvement account (01).
22. Highway safety program fund (362):
a. Highway safety program account (01).
23. Drinking water program management and administration fund (366):
a. EFC drinking water program account (01).
b. DOH drinking water program account (02).
24. New York city county clerks offset fund (368):
a. NYCCC operating offset account (01).
25. Housing assistance fund (374).
26. Housing program fund (376).
27. Department of transportation - engineering services fund (380):
a. Highway facility purpose account (01).
28. Miscellaneous capital projects fund (387):
a. Clean air capital account (08).
b. New York racing account.
29. Mental hygiene facilities capital improvement fund (389).
30. Joint labor/management administration fund (394):
a. Joint labor/management administration fund (01).
31. Audit and control revolving fund (395):
a. Executive direction internal audit account (04).
b. CIO Information technology centralized services account (zz).
32. Health insurance internal service fund (396):
a. Health insurance internal service account (00).
b. Civil service employee benefits div admin (01).
33. Correctional industries revolving fund (397).
34. Correctional facilities capital improvement fund (399).
35. HCRA resources fund (061):
a. EPIC premium account (J6).
b. Hospital based grants program account (AF).
c. Child health plus program account (29).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
S. 6255--A 90 A. 9055--A
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food nutrition services fund (261).
2. Federal health and human services fund (265).
3. Federal education grants fund (267).
4. Federal block grant fund (269).
5. Federal operating grants fund (290).
6. Federal capital projects fund (291).
7. Federal unemployment insurance administration fund (480).
8. Federal unemployment insurance occupational training fund (484).
9. Federal employment and training grants (486).
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2013, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), business and licensing services account
(AG), to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
4. $100,000 from the miscellaneous special revenue fund (339), manu-
factured housing account (CM), to the general fund.
5. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), administrative costs account (AB), to the
general fund.
Education:
1. $2,217,000,000 from the general fund to the state lottery fund
(160), education account (03), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1612 of the tax
law.
2. $836,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
5. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
6. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
7. $80,000,000 from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
8. $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
S. 6255--A 91 A. 9055--A
9. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
10. $8,318,000 from the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
11. $45,000,000 from the State University Income Fund (345), State
University Hospitals Income Reimbursable Account (22) to the general
fund for hospital debt service for the period April 1, 2012 through
March 31, 2013.
12. $884,000 from the state university income fund (345), Long Island
Veterans' Home Account (09) to the general fund.
Environmental Affairs:
1. $500,000 from the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
2. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
3. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (302) as
necessary to avoid diversion of conservation funds.
4. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the special revenue fund (339) federal grant indirect cost
recovery account (Z1).
5. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund
(339), I love NY water account (39).
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund (339), office of human resources development state match
account (2C).
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
3. $6,000,000 from any of the office of children and family services
special revenue federal funds to the general fund for title IV-E
reimbursement of youth facility costs.
4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund (339),
connections account (WK).
6. $41,000,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the general fund.
S. 6255--A 92 A. 9055--A
7. $155,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
8. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
9. $50,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund (339),
multi-agency training contract account (AY).
10. $152,400,000 from the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
11. $621,850 from the general fund to the combined gifts, grants, and
bequests fund (020), WB Hoyt Memorial account (78).
12. $1,300,000 from any of the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special revenue fund (339) welfare inspector general
administrative reimbursement account (WW).
13. $4,822,000 from the miscellaneous special revenue fund (339) state
central registry (CY) to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
3. $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the
general fund.
6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund (339),
surplus property account (DE), to the general fund.
8. $19,000,000 from the general fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
9. $23,000,000 from the miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
10. $1,826,000 from the miscellaneous special revenue fund (339)
revenue arrearage account (CR), to the miscellaneous special revenue
fund (339) authority budget office account.
11. $1,000,000 from the miscellaneous special revenue fund (339),
parking services account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state parking facili-
ties.
12. $55,000,000 from the general fund to the miscellaneous special
revenue fund (339), statewide financial system account (FM).
13. $12,300,000 from the general fund, to the office for technology
internal service fund (334), centralized technology services account
(30), for the purpose of developing a statewide licensing system.
14. $12,000,000 from the general fund to the office for technology
internal service fund (334), central technology services account (30),
for the purpose of enterprise technology projects.
S. 6255--A 93 A. 9055--A
Health:
1. $12,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
2. $139,560,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
3. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that account
in the previous fiscal year.
4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous special revenue fund (339), statewide planning and
research cooperation system (SPARCS) program account (03).
5. $250,000 from the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
6. $500,000 from the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
7. $1,000,000 from the miscellaneous special revenue fund (339),
administration account (AP), to the general fund.
8. $600,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), federal state health reform partnership
account (FS).
9. $50,000,000 from the special revenue fund (061), HCRA resources
fund, to the miscellaneous special revenue fund (339), empire state stem
cell trust fund account (SR).
10. $1,250,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account
(35).
11. $3,700,000 from the miscellaneous New York state agency fund
(169), medical assistance account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
12. $2,500,000 from the general fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
Labor:
1. $700,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the child performer
protection fund (025), child performer protection account (CP).
2. $8,000,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
3. $6,500,000 from the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
4. $2,700,000 from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
5. $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health inspection
account (02), to the general fund.
Mental Hygiene:
S. 6255--A 94 A. 9055--A
1. $5,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
2. $240,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
3. $220,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
4. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
5. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
6. $300,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
7. $180,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
8. $200,000 from the chemical dependence service fund (346) to the
general fund.
9. $200,000 from the combined gifts, grants and bequests fund (020),
disability and technical assistance account (D1) to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
3. $9,500,000 from the general fund to the correctional industries
revolving fund (397), correctional industries internal service account
(00).
4. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
5. $16,000,000 from the general fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
6. $20,000,000 from any office of homeland security account within the
federal miscellaneous operating grants fund (290), receiving money
through the homeland security grants program, to the general fund.
7. $26,900,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
8. $20,000,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the general
fund.
9. $106,000,000 from the state police and motor vehicle law enforce-
ment and motor vehicle theft and insurance fund prevention fund (354),
state police motor vehicle enforcement account (02) to the general fund
for state operation expenses of the division of state police.
10. $21,500,000 from the general fund to the correctional facilities
capital improvement fund (399).
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund
(290) to the special revenue fund (339), tri-state federal regional
planning account (17).
2. $20,147,000 from the federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
3. $15,368,000 from the miscellaneous special revenue fund (339),
compulsory insurance account (H7), to the general fund.
S. 6255--A 95 A. 9055--A
4. $12,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313), public transportation systems operating
assistance account (01).
5. $597,317,000 from the general fund to the dedicated highway and
bridge trust fund (072).
6. $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
7. $6,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
8. $12,000 from the general fund to the miscellaneous special revenue
fund (339), federal seized asset account (GE).
9. $10,000,000 from the miscellaneous special revenue fund (339),
department of transportation accident damage recovery account (G7), to
the dedicated highway and bridge trust fund (072).
10. $255,000,000 from the general fund to the MTA financial assistance
fund (225), mobility tax trust account (01).
Miscellaneous:
1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (064).
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2013:
1. Upon request of the commissioner of environmental conservation, up
to $10,940,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,197,800 from
the environmental protection and oil spill compensation fund (303), and
$1,751,600 from the conservation fund (302), to the environmental
conservation special revenue fund (301), indirect charges account (BJ).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
6. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund (339), administration
account (AP).
7. On or about March 31, 2012, the comptroller is authorized to and
directed to transfer all funds from the miscellaneous special revenue
fund (339), commission of investigation seized assets account (EK) to
the miscellaneous special revenue fund (339), state police seized asset
account (E8).
S. 6255--A 96 A. 9055--A
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. On or before March 31, 2013, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund (334),
banking services account (12), for the purpose of meeting direct
payments from such account.
S 6. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 6-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2013, up to $16,000,000 from the State
university income fund (345) general revenue account (10) to the State
general fund for debt service costs related to capital project costs for
the NY-SUNY 2020 challenge grant program.
S 7. Notwithstanding any law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state university fund (345), state university general
revenue offset account (12) on or before March 31, 2013.
S 8. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345), state university hospitals income reimbursable account (22)
during the period July 1, 2012 through June 30, 2013 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $968,550,300 from the general fund to the state university income
fund (345), state university general revenue offset account (12) during
the period of July 1, 2012 through June 30, 2013 to support operations
at the state university.
S 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses of hospital
operations and capital expenditures at the state university hospitals,
and the state university income fund (345) Long Island veterans' home
S. 6255--A 97 A. 9055--A
account (09) to the state university capital projects fund (384) on or
before June 30, 2013.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund (344), Stony Brook hospital
collection account (07), Brooklyn hospital collection account (08), and
Syracuse hospital collection account (09) to the state university income
fund (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in the state university
income fund (345), state university hospitals income reimbursable
account (22) to transfer moneys, in amounts sufficient to permit the
full transfer of moneys authorized for transfer, to the general fund for
payment of debt service related to the SUNY hospitals. Notwithstanding
any law to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from the state university income
fund (345) to the state university income fund (345), state university
hospitals income reimbursable account (22) in the event insufficient
funds are available in the state university income fund (345), state
university hospitals income reimbursable account (22) to pay hospital
operating costs or to transfer moneys, in amounts sufficient to permit
the full transfer of moneys authorized for transfer, to the general fund
for payment of debt service related to the SUNY hospitals on or before
March 31, 2013.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2013, from and to any of the following
accounts: the miscellaneous special revenue fund (339), patient income
account (13), the miscellaneous special revenue fund (339), mental
hygiene program fund account (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 million.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers expressly authorized in the 2012-13
budget. Transfers from federal funds, debt service funds, capital
projects funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation, are not permitted pursuant to
this authorization. The director of the budget shall notify both houses
of the legislature in writing prior to initiating transfers pursuant to
this authorization.
S 14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution to the
state treasury to the credit of the general fund in an amount of up to
$65,000,000 for the fiscal year commencing April 1, 2012. The power
authority of the state of New York will transfer up to $25,000,000 by
June 30, 2012 and will transfer the remainder of any such contribution
by January 31, 2013.
S. 6255--A 98 A. 9055--A
S 15. In addition to any payment made by a public benefit corporation
pursuant to an assessment imposed under sections 2975, 2975-a, 2976 and
2976-a of the public authorities law, a public benefit corporation is
authorized to make voluntary contributions to the state general fund or
to any other public benefit corporation for any lawful purpose at any
time from any public benefit corporation funds in such amounts as deemed
to be feasible and advisable by such public benefit corporation's
governing board after due consideration of the public benefit corpo-
ration's legal and financial obligations. Notwithstanding any other law,
the payment of a voluntary payment pursuant to this subdivision is
deemed to be a valid and proper purpose for which available funds may be
applied. Voluntary contributions made to the state pursuant to this
subdivision shall be payable to the state treasury to the credit of the
general fund.
S 16. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 16 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, AND NOTWITHSTANDING THE PROVISIONS OF CHAPTER NINETY-FOUR OF THE
LAWS OF TWO THOUSAND ELEVEN, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[ten] TWELVE, AND DURING EACH FISCAL YEAR THEREAFTER, the state comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant to this section from amounts collected pursuant to article
twenty-two of the tax law [and pursuant to a schedule submitted by the
director of the budget, up to $3,292,520,000, as may be certified in
such schedule as] THE AMOUNTS necessary to meet the purposes of such
fund for [the] EACH fiscal year [beginning April first, two thousand
eleven] PURSUANT TO A SCHEDULE SUBMITTED BY THE DIRECTOR OF THE BUDGET.
THE DIRECTOR OF THE BUDGET SHALL NOTIFY BOTH HOUSES OF THE LEGISLATURE
IN WRITING WHEN SUBMITTING SUCH SCHEDULE OF DEPOSITS TO THE STATE COMP-
TROLLER.
S 16-a. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 8 of part F of chapter 109 of the laws of 2006, is
REPEALED.
S 17. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2012. Reimbursements shall
be available for spending from appropriations made to the department of
correctional services in the general fund-state purposes accounts by a
chapter of the laws of 2012 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
S 18. Subdivision 6 of section 4 of the state finance law, as amended
by section 16 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
S. 6255--A 99 A. 9055--A
budget shall, but not less than three days following preliminary
submission to the [chairpersons] CHAIRS of the senate finance committee
and the assembly ways and means committee, file with the state comp-
troller an identification of specific monies to be so deposited. Any
subsequent change regarding the monies to be so deposited shall be filed
by the director of the budget, as soon as practicable, but not less than
three days following preliminary submission to the [chairpersons] CHAIRS
of the senate finance committee and the assembly ways and means commit-
tee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
[The provisions of this subdivision shall expire on March thirty-
first, two thousand twelve.]
S 18-a. The state comptroller is hereby authorized and directed to
abolish or consolidate with the state general fund the associated funds
and/or accounts established pursuant to section 92-a of the state
finance law, subdivision 5 of section 233-a of the education law,
section 94-d of the state finance law, section 97-cc of the state
finance law, section 90-b of the state finance law, section 91-g of the
state finance law, section 92-l of the state finance law, section 92-j
of the state finance law, section 92-m of the state finance law, section
92-w of the state finance law as added by chapter 561 of the laws of
1994, section 94-c of the state finance law, section 96 of the state
finance law, section 97-o of the state finance law, section 97-ff of the
state finance law, section 97-ss of the state finance law, section
97-fff of the state finance law as added by chapter 432 of the laws of
1997, section 97-uuu of the state finance law as added by chapter 294 of
the laws of 2000, section 97-www of the state finance law as added by
chapter 189 of the laws of 2000, section 97-aaaa of the state finance
law, section 97-bbbb of the state finance law, section 99-g of the state
finance law, section 99-i of the state finance law as added by chapter
62 of the laws of 2003, subdivision 3-a of section 378 of the education
law, section 1022 of the private housing finance law, chapter 50 of the
laws of 1993, section 12 of chapter 1040 of the laws of 1981 and section
97-n of the state finance law.
S 18-b. Sections 90-b, 91-g, 92-a, 92-l, 92-j, 92-m, 92-w as added by
chapter 561 of the laws of 1994, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
97-ff, 97-ss, 97-fff as added by chapter 432 of the laws of 1997, 97-uuu
as added by chapter 294 of the laws of 2000, 97-www as added by chapter
189 of the laws of 2000, 97-aaaa, 97-bbbb, 99-g and 99-i as added by
chapter 62 of the laws of 2003 of the state finance law are REPEALED.
S 18-c. Subdivision 5 of section 233-a and subdivision 3-a of section
378 of the education law are REPEALED.
S 18-d. Section 1022 of the private housing finance law is REPEALED.
S 18-e. Section 12 of chapter 1040 of the laws of 1981 and chapter 50
of the laws of 1993 are REPEALED.
S 19. Subdivision 4 of section 40 of the state finance law, as amended
by section 17 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
4. Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses for other centralized services fund
programs without limit. Every appropriation shall also be available for
S. 6255--A 100 A. 9055--A
the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
[The provisions of this subdivision shall expire March thirty-first,
two thousand twelve.]
S 20. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$14,300,000 authorized by chapter 55 of the laws of 2002 to the urban
development corporation to finance a portion of the jobs now program,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for disbursements of up to $20,800,000 from any capital
appropriation or reappropriation authorized by chapter 51 of the laws of
2002 to the judiciary for courthouse improvements, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for disbursements of up to $15,000,000 from appropriations or
reappropriations authorized by chapter 50 of the laws of 2002 to any
agency for costs related to homeland security, and reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for a capital appropriation of $10,000,000 authorized by
chapter 54 of the laws of 2002 to the department of environmental
conservation for Onondaga lake.
S 21. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York for a capital appropriation for $215,650,000 author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
S 22. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
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for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for environmental purposes, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
S 23. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
S. 6255--A 102 A. 9055--A
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for a capital appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
tion department for capital transition grants for transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to economic
development projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for a capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
S 24. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $249,000,000 authorized by
chapter 62 of the laws of 2005 for technology and development,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $48,517,000
authorized by chapter 162 of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
S. 6255--A 103 A. 9055--A
appropriation of $150,000,000 authorized by chapter 62 of the laws of
2005 for the higher education facilities capital matching grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $15,000,000
authorized by chapter 53 of the laws of 2005 to the state education
department for payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs for various
purposes.
S 25. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
S. 6255--A 104 A. 9055--A
the purchase of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for a capital appropriation of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws of 2006 to the urban development corporation for
cultural facilities projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and Canandaigua public
water systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority for an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for Belleayre mountain ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
S. 6255--A 105 A. 9055--A
of 2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $5,500,000
authorized by chapter 53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration or the dormitory authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority or the urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of the laws of
2006 for a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state thruway authority for an
appropriation of $22,000,000 authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $500,000,000 from an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from an appro-
priation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for research and development activities of a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital
disbursements of up to $292,385,000 from an appropriation to the urban
development corporation authorized by chapter 108 of the laws of 2006
for community revitalization projects.
S 26. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
S. 6255--A 106 A. 9055--A
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to the division of state police for
construction of a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $77,900,000 authorized
by chapter 51 of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter 50 of
the laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for capital disbursements of up to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any capital appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $20,000,000 from any
capital appropriation or reappropriation authorized by chapter 55 of the
laws of 2007 for Governor's Island, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,500,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for Harri-
man research and technology park, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $7,950,000 from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$1,300,000 from appropriations authorized by chapter 50 of the laws of
2007 made to the office of general services for legislative office
building hearing rooms.
S 27. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
S. 6255--A 107 A. 9055--A
corporation for a capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2008 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2008
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the office for technology for activities related to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53 of the laws of
2008 for New York city waterfront development projects, reimbursement
from the proceeds of bonds or notes issued by the urban development
corporation for a capital appropriation of $45,000,000 authorized by
chapter 53 of the laws of 2008 for Luther Forest infrastructure
S. 6255--A 108 A. 9055--A
projects, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to downstate
regional projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to the upstate agricultural economic development fund,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $350,000,000
authorized by chapter 53 of the laws of 2008 to the urban development
corporation for services and expenses related to the New York state
capital assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the New York state economic development assistance program, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the empire state economic
development fund.
S 28. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2009 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
S. 6255--A 109 A. 9055--A
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2009
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $4,000,000 to the state education department
for rehabilitation associated with the St. Regis Mohawk elementary
school authorized by chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to the urban development corporation for
services and expenses related to the empire state economic development
fund.
S 29. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2010 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $12,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of envi-
ronmental conservation for environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
S. 6255--A 110 A. 9055--A
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2010 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation of
$14,000,000 authorized by chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements from the
proceeds of notes or bonds issued by the dormitory authority of the
state of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the laws of 2010 to the
state education department for the longitudinal data system and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $42,000,000 for the state preparedness and
training center.
S 30. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized by a
chapter of the laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2011 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws of 2011
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of 2011
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $130,550,000
authorized by a chapter of the laws of 2011 to the urban development
corporation for services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of 2011 to
S. 6255--A 111 A. 9055--A
the urban development corporation for services and expenses related to
the economic transformation program. Reimbursements from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2011 to the
office of general services for various purposes.
S 31. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2012 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $26,000,000 from any capital
appropriation or reappropriation authorized by a chapter of the laws of
2012 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for disbursements of up to $12,000,000 from any
capital appropriations or reappropriations authorized by a chapter of
the laws of 2012 to the department of environmental conservation for
environmental purposes, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $3,000,000 from any capital appropriation or reappropri-
ation authorized by a chapter of the laws of 2012 to the division of
military and naval affairs for various purposes, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $6,000,000 authorized by a chapter of the
laws of 2012 to the division of state police for rehabilitation of
facilities, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority of the state of New York or other financing
source for a capital appropriation of $14,000,000 authorized by a chap-
ter of the laws of 2012 to the state education department for library
construction.
S 31-a. For purposes of sections twenty through thirty-one of this
act, the comptroller is also hereby authorized and directed to deposit
to the credit of any capital projects fund, reimbursement from the
proceeds of bonds and notes issued by any authorized issuer, as defined
by section 68-a of the state finance law, in the amounts and for the
purposes listed in such sections.
S 32. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation fund
(074), reimbursement from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2012.
S 33. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the city university special revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any appropriation or reappropriation authorized by
chapter 53 of the laws of 2009 to the city university of New York for
various purposes.
S. 6255--A 112 A. 9055--A
S 34. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2012, such agency shall
certify to the state comptroller its determination of the amounts
received in the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S 35. (1) Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site remediation disbursements for
the month preceding such certification.
(2) Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund, site investigation and
construction account, to the extent moneys are available in such
account. For purposes of determining moneys available in such account,
the commissioner of environmental conservation shall certify to the
comptroller the amounts required for administration of the hazardous
waste remedial program.
(3) The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided, howev-
er, that if such transfers are determined by the comptroller to be
insufficient to assure that interest paid to holders of state obli-
gations issued for hazardous waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to the general fund, the
amount necessary to redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of the budget of
the amount of such transfers.
S. 6255--A 113 A. 9055--A
S 36. Subdivision 2 of section 68-a of the state finance law, as
amended by section 36 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for which the state is constitutionally
obligated thereunder to pay debt service and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of New York
dormitory facilities as specified in subdivision eight of section
sixteen hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting the New York state medical care
facilities financing act. Notwithstanding the provisions of clause (d)
of this subdivision, for the period April first, two thousand nine
through March thirty-first, two thousand [twelve] THIRTEEN, mental
health services facilities, as authorized by section nine-a of section
one of chapter three hundred ninety-two of the laws of nineteen hundred
seventy-three constituting the New York state medical care facilities
financing act, shall constitute an authorized purpose.
S 36-a. Section 73 of the state finance law, as added by section 41 of
part JJ of chapter 56 of the laws of 2010, is amended to read as
follows:
S 73. Federal interest subsidy payments. Notwithstanding any other
provision of law to the contrary, the comptroller shall deposit any
federal interest subsidy payments received by the state for state-sup-
ported debt issued as build America bonds (BABS) OR QUALIFIED SCHOOL
CONSTRUCTION BONDS (QSCBS), as authorized pursuant to the American
Recovery and Reinvestment Act of 2009 (ARRA), as amended or pursuant to
any successor authorization, to each respective debt service fund which
relates to such bonds.
S 37. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as added by section 35 of part JJ of chapter 56 of the laws
of 2010, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twelve.]
S. 6255--A 114 A. 9055--A
S 38. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 38 of part BB of chapter 58 of the laws of 2011,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [nine hundred fifteen million seven hundred forty-seven
thousand] ONE BILLION ONE HUNDRED EIGHTEEN MILLION SEVEN HUNDRED SIXTY
THOUSAND dollars, exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued t